Maine · Comparative fault · Updated Oct 2026

Comparative fault in Maine: who pays when both drivers share the blame

How modified comparative fault with a 50% bar works in Maine, the law behind it and how insurers apply it.

Short answer

In Maine, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side).

Rule
Modified (50% bar)
You recover nothing at
50% of the fault or more
Law
14 M.R.S. § 156: your damages are reduced for your share of fault, and you cannot recover if you are found equally at fault (or more).
Insurance system
Fault (tort)

Insurance and small claims in Maine

No PIP. The at-fault driver (and their liability insurance) pays. Every Maine policy must include at least $2,000 of medical payments coverage, plus up to $500 for towing and storage when police have the car towed.

Small claims limit for car damage in Maine: $10,000 since January 1, 2026 (was $6,000). Maine small claims guide on Small Claims Map

How fast an insurer must handle a claim in Maine

  • On your own policy, a claim for benefits is payable within 30 days after the insurer gets proof of loss and the amount is agreed (or set by arbitration); overdue payments earn interest (24-A M.R.S. § 2436).
  • Unfair claims practices are banned by 24-A M.R.S. § 2164-D.

If the insurer says you were partly at fault

  1. Get the police report. Order a copy online from the Maine Crash Reporting System (Maine State Police) for $10. Reporting a crash in Maine and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Maine Bureau of Insurance.
  4. Sue before the deadline: 6 years for both property damage and injury. Deadlines to sue in Maine, with the calculator

Who pays in Maine: fault and payout explainer

Modified comparative fault (50% bar)In Maine, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side).

Free help in Maine

Questions about comparative fault in Maine

Is Maine a comparative negligence state?

Yes, modified comparative negligence with a 50% bar. 14 M.R.S. § 156: your damages are reduced for your share of fault, and you cannot recover if you are found equally at fault (or more).

Where can I complain if an insurer blames me unfairly in Maine?

Maine Bureau of Insurance: https://www.maine.gov/pfr/insurance/consumers/file-a-complaint-dispute · (800) 300-5000 or (207) 624-8475

How fast must an insurer handle a car insurance claim in Maine?

On your own policy, a claim for benefits is payable within 30 days after the insurer gets proof of loss and the amount is agreed (or set by arbitration); overdue payments earn interest (24-A M.R.S. § 2436). Unfair claims practices are banned by 24-A M.R.S. § 2164-D.

How do I get the police report in Maine?

Order a copy online from the Maine Crash Reporting System (Maine State Police) for $10. Reports appear after the investigating agency submits them. https://www.maine.gov/online/mcrs/

More for Maine drivers

Nearby states

Sources

Last checked: Oct 24, 2026.