Injured By an Out-of-State Driver?: Where to Sue and How It Works
Maine sees a steady flow of out-of-state traffic—summer tourists, leaf-peepers, skiers, truckers, and college visitors. When one of those drivers causes a crash, injured Mainers often ask the same two questions:
- Where do I sue if the at-fault driver lives somewhere else?
- What insurance applies—and will the out-of-state policy actually pay?
You can usually pursue a claim in Maine when the crash happened here, but the details matter. Jurisdiction, venue, insurance coverage, and service rules can all change the leverage in your case and the size of your recovery.
Below is a practical guide to the basics.
You can often sue an out-of-state driver in Maine if the crash happened in Maine
Maine’s long-arm jurisdiction statute declares that Maine courts should assert jurisdiction over nonresident defendants to the fullest extent allowed by due process. In plain terms, if a nonresident’s conduct connects to Maine in a meaningful way—like driving on a Maine road and causing a crash—Maine courts often can hear the case.
Maine also has a motor-vehicle-specific rule that treats a nonresident’s operation of a motor vehicle on a public way in Maine as acceptance of Maine jurisdiction for claims arising from that operation, and it provides a mechanism to serve process on nonresidents.
What this means in practice:
If the other driver lives in Massachusetts, New York, Quebec, or anywhere else, you do not automatically have to chase them back home to file suit. In many Maine crash cases, the courthouse stays right here.
Venue basics: where in Maine do you file?
Once Maine courts have jurisdiction, you still need a proper venue—the county/division where the case gets filed.
Maine’s venue rule for many civil actions generally allows filing where a plaintiff or defendant resides, and it adds a helpful option: if all defendants are nonresidents, the plaintiff may bring the action in any division of the plaintiff’s choice.
Venue can also depend on the type of court and the specific claims, but the takeaway stays consistent:
- You often can file in a Maine location that makes sense for the injured person and witnesses.
- You don’t have to pick a courthouse hundreds of miles away just because the other driver lives elsewhere.
Service of process: the “we can’t find them” problem doesn’t always stop the case
People worry about this scenario: the other driver returns home and ignores everything. Maine law anticipates that problem. The statute on service of process for nonresidents creates a framework for serving an out-of-state operator when the claim arises from their use of Maine roads, and it sets out procedures for accomplishing service.
Why it matters:
Proper service keeps your case moving. Improper service can get it dismissed or delayed. When an insurer or defense lawyer challenges service, having the correct statutory path matters.
How long do you have to sue?
In Maine, many civil actions must begin within six years after the cause of action accrues, unless a specific exception applies.
That may sound like plenty of time, but you should not wait. Evidence disappears, witnesses scatter, and insurance companies harden their defenses.
What insurance applies when the at-fault driver is from out of state?
1) The other driver’s liability insurance usually comes first
The at-fault driver’s auto policy typically provides the primary pool of money for bodily injury and property damage—regardless of where the driver lives—so long as the crash fits within the policy’s covered use.
If the driver rented a vehicle, coverage may also involve:
- the rental company’s coverage structure,
- the driver’s personal policy,
- any credit-card rental coverage.
2) Maine’s minimum required coverage levels shape negotiations
Maine requires registered vehicles to carry minimum liability limits of $50,000 per person / $100,000 per accident for bodily injury and $25,000 for property damage, and it also requires medical payments coverage of at least $2,000 (plus certain towing/storage amounts).
If the at-fault driver carries only minimum limits (or carries a low-limit policy from another state), serious injuries can exhaust coverage quickly.
3) Your own UM/UIM coverage may become the real safety net
If the at-fault driver has no insurance, flees, or carries limits too low to cover your damages, your own uninsured/underinsured motorist (UM/UIM) coverage can matter. Maine’s uninsured motor vehicle coverage statute sits at the center of these claims.
UM/UIM claims often turn into detailed disputes about:
- policy language,
- offsets/credits,
- what counts as “available” liability coverage,
- documentation of damages.
4) MedPay can help even when liability fights drag on
Maine’s required medical payments coverage (often called MedPay) can provide relatively quick help with treatment bills while liability gets sorted out.
Why out-of-state cases get harder than “regular” Maine crashes
Out-of-state driver cases commonly introduce extra complications:
- Competing stories + fast departures: Tourists go home and become harder to locate.
- Different insurers and claims handling: Adjusters may not understand Maine roads, winter conditions, or Maine liability expectations.
- Coverage confusion: Rentals, rideshares, borrowed cars, and out-of-state policies can create overlapping layers.
- Higher litigation pressure: When an insurer knows a person lives far away, it may gamble on delay.
What you can do immediately to protect your claim
After an out-of-state driver crash, you strengthen your case when you:
- photograph plates, licenses, and the VIN (if possible),
- get witness contacts before they leave Maine,
- request responding-agency information and the report number,
- document road conditions (ice, glare, construction, signage),
- seek medical evaluation promptly and follow through with care.
Talk with Peter Thompson & Associates
When the at-fault driver lives out of state, you still can often pursue the case in Maine, but you need the right plan for jurisdiction, venue, service, and insurance coverage. Maine law provides tools for asserting jurisdiction over nonresidents and choosing an appropriate venue, and the insurance outcome often depends on how you coordinate liability coverage, MedPay, and UM/UIM options.
If you were injured by an out-of-state driver in Maine, contact Peter Thompson & Associates to discuss where you can file, what coverage may apply, and how to protect your recovery.