Maine Hit and Run Laws: Penalties and What to Do
Quick Summary
- Governing statutes: Title 29-A, Sections 2252 (injury/death) and 2253 (vehicle damage)
- Felony (Class C): Accidents resulting in serious bodily injury or death
- Maximum felony penalty: Up to 5 years in prison, $5,000 fine, 90-day license suspension
- Class D crime (personal injury): Up to 1 year in jail, $2,000 fine, 90-day license suspension
- Class E crime (property damage): Up to 6 months in jail, $1,000 fine
- Reportable accident threshold: $1,000 or more in property damage, any injury, or death
- Fault system: Maine follows "modified comparative fault" rules
Last verified: March 2026. This guide reflects current Maine Revised Statutes Title 29-A. Always consult a licensed attorney for legal advice specific to your situation.
Maine Hit and Run Statutes
Maine addresses hit and run offenses through two primary statutes in Title 29-A of the Maine Revised Statutes. Understanding which statute applies depends on the type of harm caused by the accident.
Section 2252: Accidents Involving Death or Personal Injury
This statute governs all accidents that result in injury or death to any person. It requires the driver to stop immediately, remain at the scene, provide identification and insurance information, and render reasonable assistance to anyone who is injured. This is the more serious of the two statutes and carries penalties ranging from a Class D crime up to a Class C felony.
Section 2253: Accidents Involving Vehicle Damage
This statute covers accidents that result in damage to an attended vehicle. The driver must stop, remain at the scene, and provide required identifying information to the other operator or occupants. Violations are classified as Class E crimes.
Additional Related Sections
- Section 2254: Covers accidents involving unattended vehicles, requiring the driver to leave identifying information in a conspicuous place on the damaged vehicle
- Section 2255: Addresses accidents involving damage to fixtures or property adjacent to a highway
- Section 2251: Defines "reportable accidents" and establishes reporting requirements
Your Legal Obligations at the Scene
Under Maine law, if you are involved in an accident, you must take the following steps:
Stop immediately at the scene of the accident, or stop as close as possible and return immediately to the scene. You may not continue driving, even if you plan to come back later.
Remain at the scene until you have provided the required information and fulfilled all legal duties.
Provide your information to the other driver, vehicle occupants, or injured persons. Required information includes:
- Your name and address
- Your vehicle registration number
- The name of your insurance company and policy number
- Your driver's license (available for examination upon request)
Render reasonable assistance to any injured person. For accidents under Section 2252, this includes calling emergency services, arranging medical transportation, or providing first aid if you are trained to do so.
Report the accident immediately by the quickest means available if it qualifies as a "reportable accident" under Section 2251.
Do not move the vehicle if the accident results in death or serious injury, unless leaving it in place would create additional danger to other motorists. Wait for investigators to authorize you to move the vehicle.
Misdemeanor Hit and Run in Maine
Class E Crime: Vehicle Damage Only
Under Section 2253, if you fail to stop and comply with legal requirements after an accident that damages an attended vehicle, you commit a Class E crime. In Maine, a Class E crime is the least serious criminal classification and carries:
- Up to 6 months in jail
- A fine of up to $1,000
- Possible license suspension at the court's discretion
This classification applies when the accident involves only property damage and no one is physically injured.
Class D Crime: Personal Injury
Under Section 2252(4), failing to comply with the law after an accident involving personal injury (but not serious bodily injury or death) is a Class D crime. This is a more serious misdemeanor carrying:
- Up to 1 year in jail
- A fine of up to $2,000
- License suspension for up to 90 days
The distinction between Class D and the more serious Class C felony depends on the severity of the injuries and the driver's mental state at the time they left the scene.
Failure to Provide Proof of Insurance
Failure to provide proof of insurance upon request at the scene is handled separately as a traffic infraction rather than a crime. The charge may be dismissed if the driver later shows proof that valid insurance was in effect at the time of the accident.
Felony Hit and Run in Maine (Class C Crime)
Under Section 2252(5), hit and run becomes a Class C felony when the driver "intentionally, knowingly, or recklessly" fails to comply with the law and the accident resulted in:
- Serious bodily injury as defined in Title 17-A, Section 2, subsection 23
- Death of any person involved in the accident
A Class C crime in Maine carries:
- Up to 5 years in prison
- A fine of up to $5,000
- License suspension for up to 90 days
The mental state requirement is significant. Prosecutors must prove the driver acted intentionally, knowingly, or recklessly when they failed to stop and comply. Simply being negligent or careless is not sufficient for a felony charge. However, courts have found that driving away from a serious accident typically satisfies the recklessness standard.
DUI Enhancement
If the driver was under the influence of alcohol or drugs at the time of the accident, the offense is automatically classified as a Class C crime regardless of the severity of injuries. This means a DUI driver who causes even minor injuries and flees the scene faces felony charges.
Maine Hit and Run Penalties Summary
| Offense | Crime Class | Maximum Jail/Prison | Maximum Fine | License Suspension |
|---|---|---|---|---|
| Vehicle damage only (attended) | Class E | 6 months | $1,000 | Court discretion |
| Unattended vehicle damage | Class E | 6 months | $1,000 | Court discretion |
| Personal injury (not serious) | Class D | 1 year | $2,000 | Up to 90 days |
| Serious bodily injury or death | Class C (felony) | 5 years | $5,000 | Up to 90 days |
| DUI hit and run (any injury) | Class C (felony) | 5 years | $5,000 | Up to 90 days |
| No proof of insurance | Traffic infraction | N/A | $100 to $500 | Up to 30 days |
Points and Administrative Consequences
Beyond criminal penalties, a hit and run conviction in Maine results in points on your driving record and can lead to classification as a habitual offender under Section 2551-A. Habitual offender status results in license revocation for a minimum of 3 years.
Maine Crash Statistics
According to data from the Insurance Institute for Highway Safety (IIHS) and the National Highway Traffic Safety Administration (NHTSA) for 2023:
- Total motor vehicle deaths: 135 fatalities
- Death rate: 9.7 per 100,000 population, below the national average of 12.2
- Deaths per 100 million miles traveled: 0.91, one of the lowest rates in the nation
- Pedestrian fatalities: 19 deaths, representing 14% of all traffic deaths
- Single-vehicle crashes: 67% of fatalities occurred in single-vehicle accidents
- Alcohol involvement: Approximately 28% of fatally injured drivers tested positive for BAC of 0.08% or higher
Nationally, NHTSA estimated 39,345 traffic fatalities in 2024, a 3.8% decrease from 2023. Maine's relatively low fatality rate compared to other states reflects a combination of lower population density, lower speed limits in many areas, and effective traffic safety programs.
How Fault Is Determined in Maine
Maine follows a "modified comparative fault" rule under Title 14, Section 156. This system affects how civil damages are awarded after an accident.
Under Maine's modified comparative fault system:
- You can only recover damages if you are less than 50% at fault for the accident
- If you are 50% or more responsible, you are completely barred from recovering any compensation
- If you are less than 50% at fault, your recovery is reduced by your percentage of responsibility
For example, if you suffered $100,000 in damages but a jury finds you were 20% at fault, your recovery would be reduced to $80,000. However, if you were found to be 50% or more at fault, you would receive nothing.
Practical advice: Never admit fault at the scene of an accident. Fault determination is the responsibility of investigators, insurance adjusters, and the courts. Statements you make at the scene can be used against you in both criminal and civil proceedings. Focus on fulfilling your legal obligations and let the investigation determine who was responsible.
Insurance Implications of a Hit and Run in Maine
A hit and run conviction in Maine carries significant insurance consequences.
Premium increases: Expect substantial rate increases after a hit and run conviction. Most insurers treat hit and run as a serious violation comparable to DUI, which can double or triple your premiums for 3 to 5 years.
Policy cancellation: Some insurers may choose not to renew your policy after a hit and run conviction, forcing you to seek coverage through the Maine Automobile Insurance Plan (the state's assigned risk pool), which charges higher rates.
Uninsured motorist coverage: If you are the victim of a hit and run in Maine and the other driver cannot be identified, your own uninsured motorist (UM) coverage can compensate you for your injuries. Maine requires all auto insurance policies to include UM coverage.
Property damage claims: For hit and run victims, collision coverage on your own policy will cover vehicle repairs regardless of fault, subject to your deductible. If the hit and run driver is later identified, your insurer can pursue them through subrogation.
Possible Defenses to Hit and Run Charges
Depending on the specific circumstances, these defenses may apply:
- Lack of knowledge: You were genuinely unaware that an accident occurred. This defense is most credible for minor impacts in noisy traffic conditions or when road conditions limited your ability to notice contact.
- Fear for safety: You left the scene due to a reasonable belief that remaining would result in physical harm, such as a hostile crowd or threatening behavior from the other driver.
- Medical emergency: You needed immediate medical attention yourself and drove to the nearest hospital or called 911 for your own injuries.
- Mistaken identity: You were not the driver at the time of the accident. This can arise when multiple people had access to the vehicle.
- Involuntary departure: You left the scene involuntarily due to circumstances beyond your control, such as being pushed out of the area by traffic flow.
- No actual damage or injury: The other party suffered no actual injury or vehicle damage, and you had no reason to believe any harm occurred.
If you leave the scene for any legitimate reason, report to the nearest police station immediately. Prompt reporting significantly strengthens your position and demonstrates you did not intend to flee.
Statute of Limitations
For criminal hit and run charges in Maine, the statute of limitations depends on the classification:
- Class E crimes: Charges must be filed within 3 years
- Class D crimes: Charges must be filed within 3 years
- Class C felonies: Charges must be filed within 6 years
For civil claims arising from a hit and run accident in Maine:
- Personal injury: 6 years from the date of the accident
- Property damage: 6 years from the date of the accident
- Wrongful death: 2 years from the date of death
Maine's 6-year civil limitation period for personal injury and property damage is among the longest in the country, giving victims more time to identify the responsible driver and file a claim.
Related Maine Laws
- Maine Recording Laws
- Maine Car Seat Laws
- Maine Statute of Limitations
- Maine Child Support Laws
- Maine Sexting Laws
- Maine Whistleblower Laws
Official References:
- Title 29-A, Section 2252: Accidents involving death or personal injury
- Title 29-A, Section 2253: Accidents involving vehicle damage
More Maine Laws
Sources and References
- Title 29-A, Section 2252: Accidents Involving Death or Personal Injury(legislature.maine.gov).gov
- Title 29-A, Section 2253: Accidents Involving Vehicle Damage(legislature.maine.gov).gov
- Title 29-A, Section 2551-A: Habitual Offender(legislature.maine.gov).gov
- IIHS Fatality Facts 2023: State by State(iihs.org)
- NHTSA 2024 Traffic Fatality Estimates(nhtsa.gov).gov
- Maine Revised Statutes Title 29-A (2025)(law.justia.com)