Maine Injuries

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Holiday weekend crash in Biddeford and both insurers are denying me who pays?

$50,000 can disappear fast in a serious crash, even though Maine requires at least $50,000/$100,000/$25,000 in liability coverage.

Picture a Biddeford nurse driving between facilities over Memorial Day weekend, getting hit on U.S. Route 1 when a drunk driver swerves and a delivery van clips her car seconds later. The drunk driver's insurer says the van caused the worst injuries. The van company's insurer says the drunk driver started it. If she was on the clock, workers' compensation should start paying medical bills and wage benefits first while the auto insurers argue.

The general rule in Maine is that you do not have to wait for the insurers to agree with each other before treatment and wage-loss benefits start through workers' comp if the injury happened in the course of work.

Then the fault fight gets sorted out separately. In Maine, you can pursue claims against each potentially at-fault person or company. That can include both drivers, the van owner, and sometimes additional parties if the facts support it. The insurers can point fingers, but they still have to investigate police reports, witness statements, vehicle damage, phone records, and any camera footage from nearby businesses or traffic systems.

Maine also uses comparative fault. If you were partly at fault, your recovery can be reduced by your share of fault. If your fault reaches Maine's cutoff, recovery against others can be barred.

If workers' comp pays first, expect a subrogation claim later. That means the workers' comp insurer may seek repayment from any third-party settlement or verdict.

Do these things right away:

  • Report the injury to your employer within 30 days
  • Make sure a crash report was made with the responding police agency
  • Ask whether your employer filed the injury report with the Maine Workers' Compensation Board
  • Notify your own auto insurer too, because UM/UIM coverage may matter if the available policies are not enough
by Lin Chen on 2026-03-22

Nothing on this page should be taken as legal advice — it's general information that may not apply to your specific case. If you've been hurt, a lawyer can tell you where you actually stand.

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