Who’s Responsible If I’m Injured as a Passenger in Maine?
Car accidents in Maine don’t just affect drivers. Passengers often suffer serious injuries, and many feel uncertain about their rights. If you’ve been injured as a passenger in a crash, you may wonder: Who pays for my medical bills? Do I file a claim against the driver of my vehicle, the other driver, or both? Understanding how liability works in Maine can help you take the right steps toward recovery and compensation.
Passengers Have Rights Under Maine Personal Injury Law
Maine law treats passengers as innocent victims in car accidents. Unlike drivers, passengers rarely share fault for a crash. That means you almost always have the right to pursue compensation for your injuries, regardless of which driver caused the collision.
Compensation may cover:
- Emergency medical treatment
- Ongoing medical care and rehabilitation
- Lost wages if you can’t work
- Pain and suffering
- Long-term impacts such as disability or loss of enjoyment of life
Because passengers often face high medical costs, knowing who is financially responsible becomes the critical first step.
When the Other Driver Is at Fault
If another driver caused the crash—for example, by running a red light in Portland or texting behind the wheel on I-95—you can file a claim against that driver’s auto insurance policy. Maine requires drivers to carry liability insurance, which pays for injuries they cause to others, including passengers.
In some cases, the at-fault driver’s insurance may not fully cover your losses, especially if multiple passengers were injured. If that happens, you may need to explore other options, such as your own uninsured/underinsured motorist coverage.
When Your Own Driver Is at Fault
Sometimes the driver of the car you rode in causes the accident. That doesn’t mean you’re left without options. Passengers have the right to file a claim against the driver’s insurance, even if that driver is a friend or family member. While this can feel uncomfortable, remember: you’re not suing the driver personally—you’re making a claim against their insurance policy.
For example, if you were riding with a coworker from Bangor and that person rear-ended another car, their liability insurance would typically cover your medical expenses and related damages.
When Both Drivers Share Fault
Maine follows a modified comparative negligence rule, which means both drivers can share responsibility for a crash. If the investigation shows that each driver contributed to the accident, you may file claims against both drivers’ insurance policies.
For instance, if one driver was speeding through Augusta while the other failed to yield, both may bear partial responsibility. As a passenger, you could pursue compensation from both insurance companies to cover the full scope of your damages.
What If Insurance Isn’t Enough?
In severe accidents, insurance limits may not cover the full cost of your injuries. Maine requires drivers to carry only minimum liability coverage, which may fall short in cases of catastrophic injury. In these situations, you may:
- Use your own uninsured/underinsured motorist (UM/UIM) coverage. Many Maine drivers carry UM/UIM coverage as part of their policy, which protects you if the at-fault driver has little or no insurance.
- File a personal injury lawsuit. If insurance doesn’t fully compensate you, you may pursue a lawsuit against the at-fault driver to recover additional damages.
Because these situations quickly become complex, consulting a Maine car accident attorney can make a major difference.
Common Passenger Injuries in Maine Car Accidents
Passengers often suffer injuries just as severe as drivers. Common injuries include:
- Whiplash and other soft tissue injuries
- Broken bones
- Head and brain injuries
- Spinal cord damage
- Cuts, bruises, and internal injuries
These injuries may require weeks or months of treatment, and some create lifelong challenges. Having a lawyer on your side ensures that the compensation you pursue reflects both your immediate and long-term needs.
Steps to Take After a Car Accident as a Passenger
If you suffer injuries in a Maine car accident as a passenger, take these steps to protect yourself:
- Seek immediate medical attention. Your health comes first.
- Document the scene. If possible, take photos and gather witness information.
- Get driver and insurance details. You’ll need this for any claim.
- Avoid giving recorded statements to insurance adjusters. They may try to reduce your claim.
- Consult with an experienced Maine personal injury lawyer. A lawyer can explain your rights, negotiate with insurance companies, and represent you if a lawsuit becomes necessary.
Why Legal Help Matters
Insurance companies often minimize passenger claims by arguing about fault between drivers or disputing the seriousness of injuries. An attorney experienced in Maine car accident cases can cut through these tactics. By investigating the crash, gathering medical evidence, and pursuing every available source of compensation, your lawyer protects your rights and fights for the financial recovery you deserve.
Talk to a Maine Car Accident Attorney Today
If you suffered injuries as a passenger in a Maine car accident, you don’t need to navigate the claims process alone. The attorneys at Peter Thompson & Associates have decades of experience helping injured passengers across Maine recover the compensation they deserve.
Call us today for a free consultation and learn how we can help you protect your rights and move forward.