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Liability After a Maine Rental Car Crash on I-95

“what happens if i crashed a rental car on i-95 in maine and the other driver was hurt”

— Eric D., Portland

If you wreck a rental car in Maine and somebody else is injured, the fight usually starts with insurance layers, the rental contract, and what you do in the first 24 hours.

Yes, a rental car crash in Maine can turn into your problem very fast, even if you paid for the rental company's coverage and even if you think the other driver caused it.

The short version is this: after a Maine injury crash, the claim usually runs through layers. First comes the liability coverage attached to the driver, sometimes the rental company policy you bought at the counter, sometimes your own auto policy, sometimes a credit card benefit for vehicle damage only, and then a pile of arguments about who actually pays for injuries, lost wages, and the wrecked car.

That stack of coverage is where people get screwed up.

In Maine, drivers have to carry liability insurance. If you were driving the rental and another person was hurt, the big question is not just whether the car was insured. It is which policy was primary and whether any exclusion gives an insurer an excuse to fight.

Start with the part most people miss

The collision damage waiver or loss damage waiver from the rental counter is usually about damage to the rental car itself. It can save you from paying for the wrecked Toyota Corolla or SUV sitting at a tow yard in Bangor, Portland, or Augusta.

It does not automatically mean injuries to the other driver are fully handled.

That is where liability coverage matters.

If you carry your own auto insurance, that policy often follows you into a rental car for liability. Not always cleanly. Not always without a fight. But often.

If you do not own a car and do not have your own policy, the rental company may have sold you supplemental liability insurance. If you declined it, you may be depending on whatever coverage is available through someone else's policy, or you may be staring straight at personal exposure.

And no, your credit card benefit usually does not ride in like some hero. A lot of people hear "my Chase card covers rentals" and think they're done. Usually that benefit is about physical damage or theft of the rental vehicle, not bodily injury claims from the driver you hit on Route 1, I-295, or the Turnpike.

If the other driver was hurt, the claim gets serious immediately

Maine is not a no-fault state for car insurance the way some people assume. That means the injured person is typically making a liability claim against the at-fault driver and, if needed, a lawsuit.

If you caused the crash, the other driver can seek payment for medical bills, lost income, pain, and the wrecked vehicle.

If the crash happened in spring, that doesn't make it minor. March in Maine is a nasty mix of wet pavement, black ice at sunrise, frost heaves, muddy shoulders, and drivers acting like winter is over when it absolutely is not. A spinout on the Turnpike near Kittery or a lane-change crash on I-95 near Waterville can still produce a real injury case.

The insurance company is counting on you not knowing how fast the evidence goes stale.

Rental cars get moved. App data disappears. Surveillance footage from a gas station off an exit in Cumberland County gets recorded over. Skid marks wash away. The adjuster doesn't give a damn that you were flying home the next morning.

What you need to lock down right away

  • The rental agreement and every coverage option you accepted or declined
  • The crash report number from the police agency that responded
  • Photos of all vehicles, plate numbers, road conditions, and the exact location
  • Your own auto policy information, if you have one
  • The name of the credit card used for the rental and its benefit terms
  • Any notice from the rental company about damage, towing, storage, or loss of use

That last one matters because rental companies often come after you for more than the body shop bill. They may demand towing, storage, administrative fees, and loss of use while the vehicle is out of service. People focus on the injury claim and then get blindsided by a second money fight from the rental company itself.

Can the rental company be blamed too?

Sometimes, but not just because it owned the car.

If the brakes failed, the tires were bald, the steering was defective, or the company rented out a vehicle that should never have been on the road, that is a different animal. Then the condition of the vehicle starts to matter, not just your driving.

But if this was a basic rear-end crash, a bad merge, or a slide into oncoming traffic on a damp Maine highway, the case usually centers on the drivers and the insurance coverage, not some automatic claim against Hertz, Enterprise, or Avis just because the car had a barcode sticker on the windshield.

If you were not at fault, do not let the rental angle confuse you

If somebody hit you while you were driving a rental in Maine, you can still pursue the at-fault driver's insurance the same way you would in your own car. The fact that it was a rental does not erase your injury claim.

What it does do is add another headache: the rental company wants its car dealt with now, while your injury case may drag on for months. Those are separate tracks, and they move at very different speeds.

That mismatch is where people make bad decisions. They give a recorded statement too early. They agree to facts they are not sure about. They assume the rental company's insurer and their own insurer are on the same side. They are not on your side. They are on the side of closing files cheaply.

The ugly part

If your liability limits are low and the other driver has a significant injury, a Maine rental car crash can get expensive beyond coverage limits. That is when people learn, much too late, that "insured" does not always mean "fully protected."

Minimum coverage is not magical. It is just the minimum.

And if there were multiple vehicles, a commercial truck, or a bad road condition issue on a stretch like I-95, Route 202, or Route 9, the blame fight can get complicated enough that every insurer involved starts pointing fingers and slowing everything down.

The clean answer is this: if you crashed a rental car in Maine and the other driver was hurt, expect three separate battles at once - the injury claim, the rental car damage claim, and the coverage fight over who pays what first.

That is the part nobody tells you at the counter when they ask if you want to initial next to the extra coverage boxes.

by Corey Thibodeau on 2026-03-20

This is general information, not legal counsel. Your situation has details that change everything. If you were injured, speaking with an attorney costs nothing and could change your outcome.

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