Getting hurt in an accident is stressful enough without wondering if your own mistakes will cost you your claim. Many injured Mainers believe that any fault on their part means they can’t recover money at all. That’s not true under Maine law. Maine follows a rule called comparative negligence, and it lets you get compensation even when you share part of the blame for what happened. Insurance companies count on people not knowing this rule, and they often use it to talk victims out of fair payouts. Knowing how this rule works can change how you handle your claim and what you expect from it. If you’re not sure where you stand, a free case evaluation with Joe Bornstein can help you find out.
What Comparative Negligence Means in Maine
Maine follows what’s called modified comparative negligence. This rule lives in 14 M.R.S. § 156, and it decides how injured people get paid after an accident. Instead of shutting down your claim because you made a mistake, the law looks at how much each person added to the accident. Your fault turns into a percentage, and that number shapes your final payout.
You can still recover money as long as you’re less than 50% at fault. If an adjuster decides you were equally responsible, meaning 50% or more, you lose your right to recover anything under the law. Picture a rear-end crash where the other driver was mostly to blame, but you were also checking a phone at a red light. Under this rule, you could still collect damages, just at a reduced amount. This cutoff makes your fault percentage one of the most important numbers in your claim, so getting an accurate picture of fault early protects your compensation down the road.
How Your Fault Percentage Changes Your Payout
Once an insurer assigns you a fault percentage, Maine law reduces your payout by that same amount. This means the number attached to your name during a claim review has a direct effect on your final check. Insurance companies know this, so they often try to raise your fault percentage to lower what they owe you. Knowing how the math works helps you push back on numbers that don’t add up.
- Under 50%
- Equal Fault
- Over 50%
Each bracket leads to a different result. Say your claim is worth $100,000 and an adjuster pins 20% of the fault on you. Your payout drops to $80,000, even though your injuries and bills stayed the same. Staying under the halfway point keeps your right to compensation intact, even if your payout shrinks. Crossing that line can end your claim completely.
Common Accidents Where Fault Gets Shared
Comparative negligence shows up in many kinds of accidents across Maine, not just car crashes. Adjusters look for any sign that the injured person played a part, no matter the setting. This happens often in cases involving vehicles, property, and even animals. Knowing where shared fault tends to appear helps you build stronger evidence for your claim.
- Car accidents
- Motorcycle crashes
- Slip and falls
- Dog bites
- Bicycle accidents
In a car accident, an insurer might claim you were speeding or distracted. In a slip and fall, they might say you ignored a posted warning sign or wore the wrong shoes for icy steps. With a motorcycle crash, they may argue lane position or speed, even when the other driver caused the collision. Each type of accident brings its own fault arguments, so the details of your case matter.
Why Timing Matters After Your Accident
Maine law also limits how long you have to seek compensation after an accident. Under 14 M.R.S. § 752, most injury claims need to move forward within six years of the accident date. That sounds like plenty of time, but waiting too long can cost you evidence, witness memories, and your right to recover at all. Skid marks fade, security footage gets deleted, and witnesses move away or forget details. Special rules apply in some situations, so the timeline isn’t always the same for everyone.
Claims involving a city, town, or state agency in Maine follow a shorter notice period under 14 M.R.S. § 8107, generally within one year of the incident. Missing this window can end your claim before it starts, even if you were barely at fault. Acting early protects both your evidence and your options.
Get a Free Case Evaluation
Comparative negligence can feel confusing, especially when an insurance company uses it to lower your payout. You don’t have to sort through fault percentages and deadlines on your own. Mainers who want clear answers about their accident and their options can schedule a free case evaluation with a personal injury lawyer. It’s best to contact an attorney as fast as possible after the accident to find out where your case stands before fault arguments or deadlines work against you.
