If you were hit by a drunk driver in Maine, two separate legal processes can begin: a criminal OUI case brought by the State, and a civil claim you may bring yourself for your injuries. “OUI” stands for operating under the influence, which is Maine’s term for drunk or impaired driving. The two processes run on different tracks and answer different questions. This guide explains how they differ, what each can do for you, and what to do now.
Two Separate Cases, Two Different Goals
| Feature | Criminal OUI case | Civil injury claim |
| Who brings it | The State, through a county District Attorney’s office. | You, the injured person, usually with an attorney. |
| Purpose | To hold the driver accountable under the law and protect the public. | To compensate you for your injuries and losses. |
| Burden of proof | Beyond a reasonable doubt. | More likely than not. |
| Who controls it | The prosecutor decides what charges to pursue and negotiates plea agreements; the court decides whether to accept a plea and imposes sentence. | You decide whether to bring a claim and whether to settle. |
| What it can do for you | Penalties for the driver, and possibly an order to pay restitution. | Compensation for medical bills, lost income, and pain and suffering. |
| Timing | Set by the court process and the prosecutor. | An ordinary injury lawsuit against the driver generally has a six-year filing deadline, but other claims can have much shorter notice and filing deadlines. |
What the Criminal Case Means for You
Your Role as a Victim and Witness
In the criminal case, the State is the party, not you. You are the victim and may be a witness. The prosecutor’s office decides how the case moves, and many District Attorney’s offices have victim advocates who can explain the schedule and keep you informed. Ask what to expect and how to reach them.
A criminal case can end with a plea, a trial, or a dismissal. A civil claim generally does not depend on any of those outcomes. Your claim is about what happened to you, and the court decides it separately.
Restitution
Restitution is a court order requiring an offender to pay qualifying economic losses. If the driver is convicted, the court can consider restitution and order it under Maine law when appropriate. An order does not guarantee full or prompt payment, and restitution does not compensate for pain and suffering. Give the prosecutor or victim advocate documentation of your losses and any insurance or other payments so restitution and your civil recovery can be coordinated. 17-A M.R.S. § 2003; 17-A M.R.S. § 2005.
What a Civil Claim Can Cover
A civil injury claim seeks compensation for the harm the crash caused. Depending on the facts, that can include:
- Medical bills, now and in the future
- Lost wages and loss of earning capacity
- Pain and suffering
- Property damage, such as vehicle repair or replacement
The amount depends on your injuries, your records, and the insurance and other sources available. No attorney can promise an outcome.
Insurance After an Impaired-Driving Crash
Most civil claims after a crash start with insurance. The at-fault driver’s liability insurance may be one source of payment. Maine’s required minimums are 50/100 for bodily injury ($50,000 per person and $100,000 per crash) and $25,000 for property damage. Your own policy may also help:
- Medical payments (MedPay) coverage can help pay covered medical expenses regardless of fault, up to the limit. Maine generally requires at least $2,000 per person for drivers and passengers in the insured vehicle. The required coverage applies to medical costs incurred within one year after the injury; check your policy for its limits and terms.
- Uninsured and underinsured motorist coverage can apply if the other driver has no insurance or their limits fall below the thresholds that trigger coverage under state law and your policy. Our guide explains what happens when the at-fault driver does not have enough insurance.
Be careful with statements to any insurance company. You can speak with an attorney before you give a recorded statement.
Other Help: Maine’s Victims’ Compensation Program
The Maine Attorney General’s Victims’ Compensation Program may help eligible victims of OUI crashes with certain expenses, including medical care, counseling, and lost income, when other payment sources do not cover them. It does not pay for pain and suffering or vehicle repair or replacement. You generally must report the crime to law enforcement within five days, and you must file an application within three years of the injury or compensable loss, or within 60 days after discovery, whichever is later. Exceptions may apply. Contact the program promptly and check its current eligibility requirements.
When Your Own Conduct Comes Up
Maine follows a modified comparative negligence rule. If you are equally or more at fault for your injuries than the defendant, you cannot recover. If you are less at fault, the jury reduces your damages by a dollar amount it considers just and equitable in light of your responsibility — not by automatically applying a percentage. The other driver’s impairment does not eliminate this rule.
What to Do Now
- Get medical care and follow up, even if you felt fine at the scene.
- Get the police report number and a copy of the report when it is available. Our guide to Maine crash reports explains how.
- Save evidence. Keep photos, medical records, repair estimates, witness contact information, and any information about where the driver obtained alcohol. Ask an attorney about promptly preserving surveillance footage and other evidence that may be lost.
- Stay in touch with the prosecutor’s office. Ask for the victim advocate and keep their contact information.
- Track your costs and your time off work.
- Avoid posting about the crash online. Insurers and defense lawyers can use your statements.
- Talk with an attorney early, before you accept any insurance settlement.
The days around Thanksgiving and the winter holidays bring more travel on Maine roads, including after dark. If you were hurt in a crash like this, the steps above are the same no matter the date.
Deadlines
An ordinary injury lawsuit against the driver generally must be filed within six years after the claim accrues, usually on the crash date. Other claims can have much shorter deadlines. For example, a claim against an alcohol server under Maine’s Liquor Liability Act generally requires written notice within 180 days of the server’s conduct and a lawsuit within two years after the claim accrues. Wrongful-death claims have separate deadlines. Do not wait for the criminal case to end or assume it pauses your civil deadline. Ask an attorney to identify every applicable deadline early. Read more in our guide to Maine’s statute of limitations.
Frequently Asked Questions
Does the drunk driver have to be convicted before I can file a claim in Maine?
No. A civil injury claim is separate from the criminal OUI case and generally does not depend on a conviction. The two cases use different standards of proof and answer different questions. A conviction or guilty plea may help your civil case, but its use depends on the charge, the outcome, and the applicable evidence rules. You still must establish the driver’s civil responsibility and the losses the crash caused.
Can I get restitution and also file a civil claim?
Often both are possible. Restitution is a court order in the criminal case, and a civil claim is a separate way to seek compensation. Any restitution you receive may be taken into account so you are not paid twice for the same loss. Ask the prosecutor or victim advocate how restitution works in your case.
How long do I have to sue after a drunk driving crash in Maine?
Maine’s ordinary deadline to file an injury claim against the driver is six years. Some claims have shorter deadlines, so do not assume you have time. The criminal case moves on its own schedule and does not extend or pause your civil deadline. Evidence and memories fade, so it helps to start early.
What if the drunk driver has no insurance?
Your own uninsured motorist coverage may apply. Maine generally requires bodily-injury UM/UIM limits of at least $50,000 per person and $100,000 per crash, and many private-passenger policies must match the policy’s bodily-injury liability limits unless the purchaser validly selects lower limits. You may also be able to file a claim directly against the driver. The Victims’ Compensation Program may help with certain expenses insurance does not cover.
Will I have to go to court for the criminal case?
Possibly. The prosecutor may ask you to testify as a witness, but many criminal cases end in a plea without a trial. The prosecutor’s office or its victim advocate can tell you whether they need your testimony and when. A civil claim often settles without a trial, though some go to court.
Key Takeaways
- A criminal OUI case and a civil injury claim are separate. The State brings one, and you bring the other.
- A civil claim generally does not depend on a criminal conviction.
- Restitution and the Maine Victims’ Compensation Program may help, and each has its own rules.
- Maine’s ordinary deadline to file an injury claim against the driver is six years, and the criminal case does not change it.
- Being equally or more at fault can bar recovery, even when the other driver was impaired.
- Be careful with insurer statements, and talk with an attorney before you accept a settlement.
Talk With a Maine Injury Attorney
Hardy, Wolf & Downing has represented injured Mainers since 1976 from offices in Portland and Lewiston. If a drunk driver hurt you or someone in your family, you can talk through how a civil claim fits alongside the criminal case using our free case evaluation form. Asking a question costs nothing, and you can learn more about how the process works first.
