Finding out the person who hit your car and fled has finally been caught brings a sense of relief. However, that relief can quickly fade when you discover they do not have auto insurance. What happens if a hit and run driver is caught but has no insurance in Maine? Ultimately, the at-fault driver will face criminal charges for leaving the scene, but their lack of coverage means they cannot pay for your medical bills or vehicle repairs. Instead, you will need to turn to your own auto insurance policy to recover your financial losses.

Does the criminal charge help pay my bills?

Maine police will charge the driver with leaving the scene of an accident. This is a serious offense that can result in license suspension, heavy fines, or even jail time. However, criminal court does not award you money for your damages. The state punishes the driver for breaking the law, but getting your car fixed and paying hospital bills remains your responsibility. Because the driver broke the law by driving without mandatory coverage, they are highly unlikely to have the personal assets needed to pay you out of pocket.

How does uninsured motorist coverage work in this situation?

Since the at-fault driver cannot pay, your own Uninsured Motorist (UM) coverage steps in. Maine law requires all drivers to carry UM coverage specifically for scenarios like this. When a driver hits you and flees, or gets caught without a valid policy, your insurance company essentially treats the situation as if you are dealing with a standard uninsured motorist. Figuring out exactly how your policy responds is key, and learning more about understanding your options after an uninsured hit and run can help you navigate the financial recovery process.

Your UM coverage handles bodily injury. This pays for your hospital visits, physical therapy, and lost wages up to your policy limits. For the physical damage to your car, you will typically need to use your collision coverage. If you do not have collision coverage, you might have to pay for your own vehicle repairs, as UM property damage is not a standard requirement in Maine.

Can I just sue the driver directly?

You have the legal right to file a personal injury lawsuit against the uninsured driver, but it is rarely a good idea. Drivers who skip car insurance and flee accident scenes usually do not have money, property, or steady income. Even if a judge awards you $50,000 in a civil lawsuit, you cannot collect that money if the defendant has empty bank accounts. This is known as being judgment proof. You would end up paying a lawyer out of pocket just to get a piece of paper that says the driver owes you money they do not have.

What are the limits of my payout?

Insurance companies will only pay up to the limits you selected when you bought your policy. Maine requires a minimum of $50,000 per person and $100,000 per accident for uninsured motorist bodily injury. If your injuries are severe and your medical bills exceed these amounts, you could be left covering the difference. You can review the state minimums and potential payout limits for bodily injury to see if your current coverage is enough to protect you in a worst-case scenario. If you carry higher limits, such as $100,000 or $250,000, your insurance company will cover your expenses up to that higher threshold.

What steps do you take to get your money?

The process starts by treating this like any other accident claim, but with your own insurer. You will need the police report that officially identifies the fleeing driver and proves they lack insurance. Once you have the report, you can begin the process of submitting a claim with your own auto insurance provider.

You must notify your insurance company as soon as the police catch the driver. Provide them with the officer's name, the case number, and any medical records you have gathered. Your insurance adjuster will evaluate your damages and offer a settlement based on your policy limits.

What mistakes should you avoid?

People often make avoidable errors that delay or reduce their compensation.

  • Delaying medical care: Insurance companies will argue your injuries are not serious if you wait a week to see a doctor. Get checked immediately.
  • Accepting the first offer: Your own insurance company might offer a quick settlement that does not cover future medical treatments. Always review the offer carefully before signing.
  • Forgetting about Medical Payments coverage: Maine also requires MedPay coverage, which can cover up to $2,000 in medical expenses regardless of fault. Use this for immediate bills before your UM claim settles.
  • Missing the statute of limitations: In Maine, you generally have six years to file a lawsuit for personal injury, but your insurance policy might have stricter deadlines for filing an uninsured motorist claim. Check your policy documents immediately.

For official details on mandatory coverage and consumer rights, you can check the Maine Bureau of Insurance. They provide state-specific rules on how auto policies must handle uninsured drivers.

Next steps to take right now

  1. Request a copy of the final police report showing the driver was caught and cited for driving without insurance.
  2. Gather all medical bills, repair estimates, and proof of lost wages.
  3. Locate your auto insurance declarations page to verify your Uninsured Motorist and collision coverage limits.
  4. Contact your claims adjuster to officially open an uninsured motorist bodily injury claim.
  5. Keep a written log of every conversation you have with your insurance company.