How long do I have to sue for whiplash in Maine?

Six years under 14 M.R.S. § 752, one of the longest periods in the country. Claims against public bodies need notice within 365 days.

What if I was partly at fault in Maine?

Your damages are reduced by your share. If the jury finds you equally at fault, you recover nothing (14 M.R.S. § 156).

Can a jury award only medical bills for whiplash?

Yes. In Provencher v. Faucher (2006) the jury awarded exactly the medical expenses and the Supreme Judicial Court affirmed.

Can I be found at fault if I was rear ended in Maine?

Yes. In Provencher the jury found the rear ended driver partly negligent and cut her award by 40%, though her fault was less than the other driver’s.

Does seat belt use matter in a Maine whiplash case?

No. Under 29-A M.R.S. § 2081 seat belt use is not admissible in a civil trial.

What is the statute of limitations for whiplash claims in Maine?

6 years for personal injury, longest in the US. Source: 14 M.R.S. § 752. Filing after the period expires generally bars the claim absent a tolling exception.

★ Maine · whiplash

Whiplash settlements
in Maine.

By MyClaimWorth EditorialPublished 9 May 2026Updated 28 September 20269 min read

Maine gives injured people six years to sue, far longer than most states. The value of a whiplash claim still comes down to what a jury believes about the neck, and one Maine jury awarded exactly the medical bills and nothing more.

Facts that decide a whiplash claim in Maine

Deadline to sue	Six years: “All civil actions shall be commenced within 6 years after the cause of action accrues,” one of the longest general deadlines in the country.14 M.R.S. § 752
Fault rule	Damages are reduced by the claimant’s share of responsibility, and “if such claimant is found by the jury to be equally at fault, the claimant may not recover.”14 M.R.S. § 156
Seat belt use	Not admissible in a civil trial.29-A M.R.S. § 2081, in the MyClaimWorth seat belt chart
Jury discretion on damages	A jury may believe a plaintiff was hurt without believing every medical expense came from the accident; its award stands unless it acted improperly.Provencher v. Faucher (Me. 2006)

★ band · US federal frame

$10,000 to $40,000

Whiplash / soft tissue (1 to 2 years)

Insurance settlement data plus VerdictSearch tabulations

The US band is the starting point. Maine's fault rule and any applicable cap then adjust the figure.

united states · sister site

Your whiplash claim in Maine. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own whiplash case in about two minutes, no cost and no obligation.

Check my case

★ ME · reported whiplash outcomes

What Maine courts have awarded.

Real Maine decisions and verdicts, each linked to the court record or official report.

Provencher v. Faucher
Maine Supreme Judicial Court · 2006
$11,312.08 found, reduced to $6,787.25 for fault
Linda Provencher was rear ended in 2001 with little damage to either car. The ER diagnosed cervical strain with underlying degenerative joint disease, and her x-rays showed no new injury. She treated conservatively and still had occasional neck pain and stiffness. The jury found her partly at fault, though less than the other driver, set damages at exactly her $11,312.08 in stipulated medical costs, and reduced it to $6,787.25. The Court affirmed and refused an additur.

★ ME · whiplash · in practice

What changes the number here.

What actually moves a whiplash settlement in Maine.

1
Degenerative changes are the defense’s main tool. In Provencher evidence that degenerative disc disease explained part of her pain let the jury award medical costs and nothing for pain and suffering.
2
Fault cuts deep. Provencher lost 40% of her award to her own share of fault even though she was rear ended.
3
The six year deadline is generous, but claims against public bodies need notice within 365 days.
4
Prior imaging can cut both ways. Provencher’s specialist compared her post crash x-rays with earlier ones and found no change, which helped the defense argue the crash added little to an existing condition.
5
Conservative care is normal for strains, but the treatment record has to show why it was needed. Provencher treated from April to July 2001 and was told at first that her pain would take a few weeks to resolve.

★ ME · statute of limitations

6 years for personal injury, longest in the US

14 M.R.S. § 752

★ ME · fault rule

Modified comparative, 50% bar

Modified comparative, recovery barred at 50% claimant fault.

★ ME · caps

What caps recovery.

Statutory caps that may bear on a whiplash settlement in Maine.

Wrongful death cap
Wrongful death actions
$1M
18-A M.R.S. § 2-804

★ whiplash severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies whiplash into the tiers below. Maine courts apply the same tier structure, adjusted for state-specific factors.

Severity tier	Band	Basis
Whiplash / soft tissue (minor)	$3,000 to $15,000	Settlement aggregates from insurance industry sources
Whiplash / soft tissue (1 to 2 years)	$10,000 to $40,000	Insurance settlement data plus VerdictSearch tabulations

★ whiplash · same region & fault regime

Compare to like jurisdictions.

How Maine's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for whiplash claims.

Jurisdiction	Fault rule	Limitation	Whiplash page
Maine · you are here	Modified comparative, 50% bar	6 years for personal injury, longest in the US	—
Maryland	Pure contributory negligence	3 years from date of injury	MD · whiplash →
Massachusetts	Modified comparative, 51% bar	3 years from date of injury	MA · whiplash →
New Hampshire	Modified comparative, 51% bar	3 years from date of injury	NH · whiplash →
New Jersey	Modified comparative, 51% bar	2 years from date of injury	NJ · whiplash →
New York	Pure comparative negligence	3 years for personal injury; 2 years 6 months for medical malpractice	NY · whiplash →
Pennsylvania	Modified comparative, 51% bar	2 years from date of injury	PA · whiplash →
Nebraska	Modified comparative, 50% bar	4 years for personal injury; 2 years for medical malpractice	NE · whiplash →
North Dakota	Modified comparative, 50% bar	6 years for personal injury; 2 years for medical malpractice	ND · whiplash →
Tennessee	Modified comparative, 50% bar	1 year from date of injury, among the shortest in the US	TN · whiplash →
Utah	Modified comparative, 50% bar	4 years for personal injury; 2 years for medical malpractice	UT · whiplash →
Michigan	Modified comparative, 51% bar	3 years from date of injury	MI · whiplash →
Minnesota	Modified comparative, 51% bar	6 years for personal injury (uncommonly long); 4 years for medical malpractice	MN · whiplash →

★ ME · whiplash · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

How long do I have to sue for whiplash in Maine?
Six years under 14 M.R.S. § 752, one of the longest periods in the country. Claims against public bodies need notice within 365 days.
What if I was partly at fault in Maine?
Your damages are reduced by your share. If the jury finds you equally at fault, you recover nothing (14 M.R.S. § 156).
Can a jury award only medical bills for whiplash?
Yes. In Provencher v. Faucher (2006) the jury awarded exactly the medical expenses and the Supreme Judicial Court affirmed.
Can I be found at fault if I was rear ended in Maine?
Yes. In Provencher the jury found the rear ended driver partly negligent and cut her award by 40%, though her fault was less than the other driver’s.
Does seat belt use matter in a Maine whiplash case?
No. Under 29-A M.R.S. § 2081 seat belt use is not admissible in a civil trial.
What is the statute of limitations for whiplash claims in Maine?
6 years for personal injury, longest in the US. Source: 14 M.R.S. § 752. Filing after the period expires generally bars the claim absent a tolling exception.

Sources

Checked 2026-09-28. Every figure on this page comes from one of these documents.

★ all of ME

Maine overview

Fault rule, statute, caps, and key facts for Maine as a whole.

★ federal frame

Whiplash in United States

Whiplash band structure and severity tiers at the US level.

★ all 15 countries

Whiplash · everywhere

Cross-jurisdiction comparison of whiplash bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Maine's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Maine. See /methodology, /sources, and /disclaimer.

Whiplash settlementsin Maine.

Facts that decide a whiplash claim in Maine

Sources

Whiplash settlements
in Maine.