Maine's 6-Year Statute of Limitations for Motorcycle Accidents: Deadlines & Exceptions

After surviving a horrific motorcycle crash, your primary focus is naturally on enduring surgeries, completing physical therapy, and rebuilding your life. Filing a lawsuit is rarely the first thing on a victim's mind. The legal system understands this and provides a window of time known as the 'statute of limitations' for you to take legal action. Compared to other states, Maine gives injury victims an exceptionally long runway to file a claim. However, this extended deadline creates a false sense of security for many riders.

Hidden inside Maine law are dangerous exceptions and ultra-short deadlines that can destroy your case if you aren't paying attention. Missing a specialized deadline means your case is permanently dismissed, leaving you with thousands of dollars in medical debt. Because identifying the exact legal deadline for your specific crash requires careful analysis, we strongly encourage you to use our directory to find a local Maine personal injury attorney who can protect your rights before the clock runs out.

The General 6-Year Deadline in Maine

For a standard negligence claim-where you are hit by a regular private citizen driving a standard passenger car-the rule is incredibly generous. Under Me. Rev. Stat. tit. 14, § 752, all civil actions for torts (personal injuries) must be commenced within 6 years after the cause of action accrues. The clock starts ticking on the exact date the motorcycle crash occurred. If you need to file a formal lawsuit because the insurance company refuses to offer a fair settlement, your attorney will file the paperwork at a courthouse like the Kennebec County Superior Court, Augusta or the Androscoggin County Superior Court, Auburn before this six-year anniversary hits.

Critical Exceptions That Shorten or Lengthen the Clock

While 6 years is the general rule, numerous factors can drastically alter your deadline. Relying on the 6-year rule without consulting a lawyer is a massive gamble.

The 365-Day Notice Rule for Maine Tort Claims Act

If you were struck by a city bus, a snowplow, or a state trooper's cruiser, you do not have six years. When suing the government, you are bound by the Maine Tort Claims Act under Me. Rev. Stat. tit. 14, § 8107. This law mandates that you must file a formal written Notice of Claim with the specific government agency within exactly 365 days of the crash. For state-level vehicles, this involves submitting a written Notice of Claim directly to the Department of Administrative and Financial Services, Augusta (Risk Management Division). If you miss this 365-day window, you are generally barred from ever suing the government, regardless of how severe your injuries are.

Tolling the Clock for Injured Minors

If a teenager under the age of 18 is injured while riding a motorcycle (either as an operator with a permit or as a passenger), Maine law pauses or 'tolls' the statute of limitations. Under Me. Rev. Stat. tit. 14, § 853, the clock does not officially start ticking until the minor turns 18 years old. From their 18th birthday, they then have the standard 6 years to file a lawsuit, allowing them to pursue legal action well into their twenties for a crash that happened when they were a child.

Statute of Limitations for Hit-and-Run Uninsured Motorist Claims

If you are the victim of a hit-and-run, or if the driver who hit you had no insurance, you will likely file a claim against your own insurance policy under your Uninsured Motorist (UM) coverage. Because a UM claim is technically a breach of contract claim against your own insurance company rather than a tort claim against the at-fault driver, it is also generally governed by a 6-year statute of limitations. However, specific notice requirements within your personal insurance policy may require you to report the hit-and-run to the police within 24 to 48 hours to activate the coverage.

Why You Should Never Wait Six Years to File

Just because you have 6 years to file a lawsuit does not mean you should wait 5 years and 11 months to hire a lawyer. Waiting is the worst thing you can do for an injury claim. Over the span of a few years, witnesses move away and change phone numbers. Skid marks wash off the pavement, and nearby business surveillance footage is usually deleted within 30 days. Furthermore, insurance adjusters become highly suspicious of claims filed years after the fact, arguing that your ongoing back pain is from aging, not the crash. Engaging a lawyer immediately ensures evidence is preserved.

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