Rule Hub · DrivingUS requirements, state by state

Is Maine an At-Fault or No-Fault State?

No — Maine is an at-fault (tort) state, not a no-fault state.

Fault system
At-fault (tort)

Maine has no no-fault system and no injury threshold to clear before suing. It does compel a small first-payer layer: $2,000 per person of medical payments coverage on every policy, paid to the insured vehicle's driver and passengers without regard to fault.

Comparative negligence rule
Modified comparative — claimant barred at 50%

Maine's rule is worded unlike any other state's. A claimant found equally at fault recovers nothing, so the bar falls at 50% rather than 51%. Below that line the jury is told to find the full damages and then reduce them "in dollars and cents, and not by percentage", to whatever extent it thinks just and equitable — so the cut need not track the claimant's percentage of fault (14 M.R.S. §156).

How Maine compares with every other state

What the fault rule decides

In an at-fault state the driver who caused the crash — through their liability insurer — pays for the harm. That is the arrangement in 38 of the 51 jurisdictions on this site, so it is the one most US advice assumes. The practical consequence is that your recovery depends on two things you do not control: how much liability cover the other driver bought, and what share of the blame you are assigned.

Modified comparative fault turns the case into a percentage. On a hypothetical $100,000 of damages — arithmetic, not a figure from Maine law — being 20% to blame leaves you $80,000, and being 40% to blame leaves you $60,000. Cross the line at 50% and the award is not reduced, it is gone. 10 of the 50 jurisdictions on this site draw the line in the same place, and the whole dispute after a serious crash tends to be about which side of it you land on.

Every statute cited for Maine

Why the rule looks like this

More on Maine

Checked against the primary sources above on September 29, 2026. If a figure here is wrong, tell us and we will fix it — what we have corrected so far is public.