Suing an Uninsured or Underinsured Driver in Maine: UM/UIM Coverage Guide

Being severely injured in a car accident is difficult enough, but discovering the driver who hit you has no insurance or fled the scene can induce sheer panic. Fortunately, Maine has some of the strongest consumer protection laws regarding auto insurance. The state mandates that every auto policy issued must include Uninsured and Underinsured Motorist (UM/UIM) coverage under 24-A M.R.S. § 2902. This means your own insurance company steps into the shoes of the at-fault driver to pay for your damages.

However, securing a fair payout from your own insurance company is rarely easy. Just because you pay your premiums on time does not mean your insurer will eagerly hand over a maximum settlement. They will scrutinize your medical records and attempt to minimize your injuries. Whether you live in Portland, Augusta, or rural Aroostook County, navigating a UM/UIM claim requires professional legal strategy. Finding a dedicated local attorney through our directory ensures your own insurance company treats you fairly and pays what you deserve.

Phantom Vehicles and Miss-and-Run Accidents

A common scenario in Maine involves a "phantom vehicle." This happens when an unknown driver cuts you off on a slippery winter road, forcing you into a ditch or a tree, but their car never actually makes physical contact with yours. They keep driving, leaving you injured. In Maine, you can file a UM claim for a "miss-and-run" accident. However, proving a phantom vehicle caused the crash requires corroborating evidence. Your lawyer will look for independent eyewitnesses, nearby security cameras, or 911 call transcripts to prove to your insurance company that the other driver actually existed and caused the evasive maneuver.

Stacking UM Policies for Multi-Car Families

If you suffer catastrophic injuries that exceed the UM limits on your primary vehicle, Maine law sometimes allows for the complex process of "stacking" policies. If you live in a household with multiple insured vehicles, you may be able to combine the UM limits of those separate policies to cover massive medical bills. The rules surrounding stacking are highly dependent on the specific language of your insurance contracts. As seen in precedents like Skidgell v. Universal Underwriters Ins. Co., 697 A.2d 831 (ME Supreme Judicial Court 1997), Maine courts closely analyze policy exclusions. A skilled lawyer knows how to interpret these policies to find every available dollar for your recovery.

Filing a UM Claim Without Raising Your Own Premiums

Many Maine drivers hesitate to file a UM/UIM claim because they fear their insurance rates will skyrocket. It is important to know that state law heavily restricts an insurance company's ability to penalize you for an accident that was not your fault. Under Maine insurance regulations overseen by the Maine Bureau of Insurance, Augusta, an insurer generally cannot impose a surcharge or cancel your policy simply because you used the UM coverage you pay for, provided you were entirely blameless in the crash.

Step-by-Step Process in Maine

Filing a UM or UIM claim is functionally similar to suing another driver, except the defendant is your own insurance company. Follow these steps to protect your claim.

Step 1: Report the Crash Immediately

Most auto policies have strict notification deadlines for hit-and-run accidents. You must generally report the accident to the police within 24 hours and notify your insurance company shortly after. Obtain Form 13:20 A, Maine, Department of Public Safety, Police Uniform Crash Report to secure the official police narrative proving the other driver was uninsured or fled the scene.

Step 2: Reach Maximum Medical Improvement (MMI)

Before demanding a settlement, you need to know the full extent of your injuries. Your lawyer will advise you to complete all necessary physical therapy and surgeries until your doctor declares you have reached MMI. This prevents you from settling too early and paying for future surgeries out of pocket.

Step 3: Deplete the At-Fault Driver's Limits (UIM Claims)

If the other driver has insurance, but it is not enough to cover your bills (Underinsured), you must first exhaust their policy limits. For example, if they have the state minimum of $50,000 under 29-A M.R.S. § 1605, your lawyer will secure that $50,000 first, and then turn to your UIM policy to cover the remainder of your damages.

Step 4: Demand Arbitration or Litigation

If your insurance company lowballs your UM claim, your attorney will force the issue. Many UM policies require binding arbitration rather than a jury trial. If litigation is required, your lawyer may file a breach of contract lawsuit in a local venue, such as the Androscoggin County Superior Court, Auburn or the Kennebec County Superior Court, Augusta.

How Much Does it Cost in Maine?

Pursuing a UM/UIM claim follows standard personal injury fee structures:

• Attorney Fees: Lawyers work on a contingency fee, usually taking 33% of the final settlement. If they do not recover money for you, you owe them no attorney fees.
• Arbitration Fees: If the policy mandates arbitration, costs for the neutral arbitrator are typically split, costing around $1,000 to $3,000 (often advanced by your lawyer).
• Medical Records Requests: Hospitals charge administrative fees to release your medical charts, usually ranging from $50 to $200.

How Long Does the Process Take?

A straightforward UM claim where liability is clear and medical treatment is complete can settle in 4 to 8 months. However, if your own insurance company disputes the severity of your injuries or argues that a "phantom vehicle" did not exist, proceeding through formal arbitration or a Superior Court lawsuit can take 12 to 18 months.

Frequently Asked Questions (FAQ)