Maine Uninsured and Underinsured Motorist Accident Lawyer
We fight to secure the maximum compensation for victims injured in uninsured and underinsured motorist accidents throughout Maine.
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The Legal Help You Need After a UM/UIM Collision in Maine
Whether you’re in a fender bender or serious collisions, it’s common to exchange contact and insurance info with the other motorist involved. Unfortunately, not everyone on the road in Maine is insured. What’s more, some drivers are insured but do not have the minimum limits mandated by the state.
If you are involved in a crash with an uninsured or underinsured motorist, you need accident lawyers who are well-versed in Maine collision laws and negotiating better payouts with insurance providers.
The attorneys at Berman & Simmons are here to help you. We have spent more than a century advocating for the people of Maine after serious motor vehicle crashes.
Minimum Auto Insurance Requirements in Maine
According to Maine’s Bureau of Insurance, all motorists who own or operate vehicles in the state are legally required to carry liability coverage, medical payments coverage, and uninsured motorist coverage. These forms of insurance are designed to protect drivers, passengers, and property in the event of an accident, ensuring that there is some financial recourse available after a crash. Maine mandates minimum liability insurance coverage for all drivers. This includes $50,000 in bodily injury coverage per person, $100,000 per accident for total bodily injury, and $25,000 for property damage. These requirements help cover medical expenses and repairs when a driver is found at fault in an accident. Alternatively, a combined single limit of $125,000 is also acceptable to meet the state’s minimum requirement. While these coverage limits provide a baseline of protection, they may fall short in the case of a major accident. The costs associated with serious injuries, long-term medical treatment, or extensive property damage can quickly exceed these minimum limits. That’s why many drivers choose to carry additional coverage to safeguard themselves and others from the potentially devastating financial consequences of a severe collision.
Minimum Medical Payments Coverage
Maine law also requires motorists to have a minimum of $2,000 per person in medical payments coverage to address health expenses you or a passenger may incur in the event of a crash.
Uninsured/Underinsured Motorist (UM/UIM) Coverage
Maine law requires motorists to carry uninsured/underinsured coverage to protect drivers and passengers if they are in a crash with a motorist who is not insured or has insurance lower than Maine’s minimum limits.
The minimum limit requirements for UM coverage are as follows:
- $50,000 per person
- $100,000 per accident
How Many Uninsured Drivers Are in Maine?
According to numbers from the Insurance Research Council, Maine has a high rate of insured motorists. In 2021, only 4.9% of drivers in the state of Maine were uninsured. This was one of the lowest rates of uninsured motorists in the United States that year.
To put Maine’s uninsured driver rate into perspective, the Insurance Research Council found that Mississippi has an uninsured motorist rate of 29.4%, the highest rate of uninsured drivers in the country.
How Long Do I Have to File a Car Accident Lawsuit in Maine?
Per Maine Revised Statutes (MRS) Title 14 §752, you have up to six years from the date of a crash to file an auto accident claim. And under MRS Title 18-C § 2-807 you have three years from the date of the accident to file a wrongful death claim. Once the six-year statute of limitations has passed, you will no longer be able to file a claim for the collision.
Six years (or three years in the event of a wrongful death claim) is a long time, and it’s best to speak with a Maine uninsured/underinsured motorist accident lawyer from our law firm as soon as possible. This will allow our attorneys to gather evidence and determine the proper course of action to secure compensation for your medical bills and vehicle damage.
Should I Sue an Uninsured or Underinsured Motorist?
Filing a lawsuit against an uninsured or underinsured driver may not be worth it. Many uninsured or underinsured motorists lack coverage because they cannot afford to pay for auto insurance. If that person lacks the financial means for their own auto insurance, they will probably not have the assets to cover your financial losses from a car accident.
This is why it’s crucial to speak with our uninsured/underinsured collision attorneys in Maine as soon as possible. We can make sure you file a claim with insurance promptly and let you know if a civil lawsuit is even worth pursuing. Our lawyers can negotiate a better settlement offer with the insurance company and advocate for you if the uninsured driver does have the financial means to cover legal damages.
Contact Berman & Simmons for a Free Consultation
If you were hit by an uninsured or underinsured driver, our attorneys in Maine can help. To set up a free consultation at a Berman & Simmons location near you, contact our experienced personal injury lawyers today. We have law offices in Portland, Bangor, Lewiston, and Biddeford, ME.
Why Choose Berman & Simmons After an UM/UIM Auto Accident
The Maine personal injury lawyers of Berman & Simmons have a strong reputation and a long record of assisting accident victims throughout the Pine Tree State.
Our Law Firm Has Served Maine Since 1914
Berman & Simmons was founded more than 100 years ago. Our law firm has become a trusted resource for people in Maine and throughout New England. We’re proud to have represented multiple generations of Mainers who’ve been injured or involved in serious motor vehicle accidents.
Our Accident Lawyers Are Committed and Experienced
Our injury accident attorneys prepare for every case as if we are taking it to trial. This commitment to our client’s best interests explains the national recognition our law firm has received from numerous legal organizations, including America’s Top 100 Attorneys, the Best Lawyers in America, Super Lawyers, Benchmark Litigation, Chambers and Partners, Martindale-Hubbell, and Inner Circle of Advocates.
We Offer Free Legal Consultations
Your first consultation with our uninsured accident lawyers is free. This allows people to speak with qualified accident attorneys without any financial hurdles. Tell us what happened during the collision and we can let you know if you have a claim worth pursuing and what steps you can take next.
We Work on a Contingency Fee Basis
Our law firm is selective of the cases we accept. If we choose to work on your case, it means we believe we can recover compensation for you. Our lawyers work on a contingency fee basis. That means you will not have to pay us any attorney fees unless we can successfully negotiate a settlement or win a favorable verdict in court. If we don’t win, you don’t pay.
Our Law Firm’s Verdicts and Settlements in Car Accident Cases
Berman & Simmons has recovered more than $1.45 billion in compensation for our clients. Here are a few of the verdicts and settlements we’ve secured for clients in the last several years. We hope this will demonstrate our commitment to clients all over Maine who’ve experienced serious, life-changing injuries.
- $600,000 Verdict in a Car Accident Case: Successful verdict for an Androscoggin County client whose existing back problems were worsened as a result of a collision at an intersection. The initial settlement offer was just $52,500.
- $450,000 Verdict in a Car Accident Case: Successful verdict for a Cumberland County client who sustained a back injury in an auto collision. The initial settlement offer was just $60,000.
- $304,000 Verdict in a Drunk Driving Crash Case: Successful verdict for a Cumberland County client who suffered a traumatic brain injury (TBI) as a passenger in a car driven by a drunk driver.
- $150,000 Verdict in a Car Accident Case: Successful verdict for an Androscoggin County client who suffered a serious neck injury when a negligent driver turned into oncoming traffic.
Request a Free Case Review with Our UM/UIM Accident Lawyers in Maine
If you’ve been hit by an uninsured or underinsured motorist, you need skilled attorneys on your side with a proven record. At Berman & Simmons, we strive to negotiate better settlements and fairer payouts from insurance companies. We are here to help. To set up a free consultation to discuss your crash with an uninsured or underinsured driver, contact our Maine injury accident attorneys.
Stacking Uninsured Motorist Policies After a Collision
If you suffer a catastrophic personal injury or your vehicle is totaled in a crash, your losses may exceed the policy limits of your UM/UIM coverage. Thankfully, it may be possible to stack your UM/UIM policy limits.
“Stacking” means combining coverage limits from multiple cars that are covered under the same insurance policy or combining the limits from multiple insurance policies that are under your name.
Potential Issues with Stacking UM/UIM Coverage
Unfortunately, there are potential issues when stacking UM coverage in Maine. This can lead to a lot of disputes regarding how much an insurance company ultimately pays out for a UM/UIM claim. In such matters, courts may consider previous legal decisions (e.g., Mullen v. Liberty Mutual Insurance, McGillivray v. Royal Insurance) or the wording of the individual insurance policy.
Having a Maine UM/UIM car accident attorney on your side can prove invaluable in these kinds of situations. Our lawyers can negotiate and advocate for you to ensure you are not lowballed on settlement offers and receive the best possible payout to compensate you for your injuries and other losses.
Legal Options for Uninsured Motorists in a Car Accident
If you are an uninsured or underinsured driver in Maine and get into a crash, you may wonder about what to do next. This is particularly true when another driver causes the accident you were in. Even though you broke Maine state law by not having the right auto insurance, options are still available to you.
You Still Have a Right to File a Claim as an Uninsured or Underinsured Motorist
The state of Maine allows uninsured and underinsured motorists to file a claim against another driver if they caused an auto collision or a semi-truck/18-wheeler accident. You could also potentially sue the other driver for damages if the losses you’ve experienced are substantial.
The Risk of Being at Fault or Partly at Fault as an Uninsured/Underinsured Motorist
There is a risk if you file a claim in a crash but are at fault or partially at fault for the collision. The other driver could file a legal action against you for damages or otherwise affect the payout you receive by noting your shared negligence during the crash.
Why You Need to Speak with a UM/UIM Collision Lawyer
It’s crucial that you speak with an attorney at Berman & Simmons after a serious crash, even if you do not have insurance or are underinsured. An experienced Maine car accident lawyer can review what happened during the collision. Based on the facts of what happened, we can let you know if you have a viable accident claim, what setbacks you may encounter, and if you have a potential personal injury lawsuit.
Berman & Simmons offers free consultations and contingency fee representation. It will cost you nothing to get your issues addressed by a member of our team.
Fatal Accidents with an Uninsured or Underinsured Driver
Losing a loved one in a fatal car crash causes immense grief and financial hardships. The policy limits of your UM/UIM coverage will not be able to address the full extent of the losses related to a loved one’s death.
In these kinds of tragic accidents, it’s important to reach out to our Maine wrongful death attorneys. We can review what happened in the fatal crash and determine the best way to maximize an insurance offer so it is commensurate with the scope of your loss.
How to Help Your UM/UIM Accident Case
There are several actions you can take to ensure you receive a better settlement offer and insurance payout.
Gather Evidence Related to Your Car Accident
Collect all evidence of your accident and make sure you have copies and backups of everything. This includes photos or videos of the initial collision, the police report of the incident, photos or videos of injuries you sustained, relevant calls or correspondence with the other motorist involved, and so forth.
Collect All Medical Bills
Gather together all medical bills related to emergency care, doctor visits, surgical procedures, physical therapy, and mental health counseling. You should also hold on to any receipts for assistive devices such as crutches or wheelchairs.
Save Any Bills Related to Repairs
Hold on to all invoices and receipts regarding the repairs needed to your vehicle. If you needed to rent a car or use a rideshare app in order to commute while your vehicle was in the shop, be sure to hold on to any information related to those transactions.
Note the Impact of the Crash on Your Job
Serious injuries may require you to take a leave of absence or alter your duties at work. In some cases, you may not be able to perform your job anymore because of the severity of your injuries. Hold on to any doctor’s notes, supervisor emails, and other communications discussing your injuries and their impact on your earning potential.
Discuss Your Case with Berman & Simmons
The UM/UIM auto accident lawyers at our Maine law offices can go over all of the documents you’ve retained and help you negotiate the best possible payout after a serious crash. With free consultations, you do not have to risk further financial losses for our legal insight.
Uninsured Motorist Auto Accident FAQs
Can uninsured motorist coverage help after a hit-and-run accident?
Yes. In the state of Maine, UM/UIM coverage is used for hit-and-run accidents claims when the driver cannot be identified.
In addition, UM/UIM coverage will also address auto accidents in which another motorist caused or contributed to a crash even if they did not make direct contact with your vehicle.
Can I file a claim if I was partly at fault for the collision with an uninsured motorist?
Yes. Maine is a modified comparative negligence state. As noted in MRS Title 14 §156, this means that you can still recover damages after a car accident if you are less at fault than the other party.
It’s important to note that if you and the other party are equally at fault in the accident, you will not be eligible to collect damages.
What happens in multi-vehicle crashes when a driver is uninsured or underinsured?
Liability in multi-vehicle collisions can be complicated, and matters are made even more complex when a motorist or multiple motorists do not have the minimum insurance coverage required by the state of Maine.
In such situations, it’s imperative that you speak with a UM/UIM accident attorney to discuss your best options for recovering compensation for your losses.
Should I accept the initial settlement offer from the insurance company?
While initial settlement offers vary from case to case, you’ll generally want to negotiate with the insurance company to maximize your payout. The first offer is often a low offer, with insurance companies hoping you’ll accept in order for them to save money.
This is why you need experienced Maine UM/UIM car accident attorneys on your side. The lawyers at Berman & Simmons can identify various losses related to your auto collision and make sure those are reflected in a counteroffer. Our attorneys know how to fight for the people of Maine, and we will make sure you’re fully informed as the negotiation process unfolds.