Maine § 14 §8107 Notice to governmental entity

Maine Statutes

§ 14 §8107 — Notice to governmental entity

Maine·Title 14 COURT PROCEDURE -- CIVIL·Part 7 PARTICULAR PROCEEDINGS·Ch. 741 TORT CLAIMS

1.Notice requirements for filing. Within 365 days after any claim or cause of action permitted by this chapter accrues, or at a later time within the limits of section 8110, when a claimant shows good cause why notice could not have reasonably been filed within the 365-day limit, a claimant or a claimant's personal representative or attorney shall file a written notice containing:

2.Incapacity. If the claimant is incapacitated and thereby prevented from presenting and filing the claim within the time prescribed or if the claimant is a minor, the claim may be presented and filed on behalf of the claimant by any relative, attorney or agent representing the claimant. If the claimant is a minor when the cause of action accrues, the notice may be presented within 365 days of the minor's attai

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1.
Notice requirements for filing.
Within 365 days after any claim or cause of action permitted by this chapter accrues, or at a later time within the limits of section 8110, when a claimant shows good cause why notice could not have reasonably been filed within the 365-day limit, a claimant or a claimant's personal representative or attorney shall file a written notice containing:
2.
Incapacity.
If the claimant is incapacitated and thereby prevented from presenting and filing the claim within the time prescribed or if the claimant is a minor, the claim may be presented and filed on behalf of the claimant by any relative, attorney or agent representing the claimant. If the claimant is a minor when the cause of action accrues, the notice may be presented within 365 days of the minor's attaining 18 years of age.
3.
Notices.
4.
Substantial notice compliance required.
No claim or action shall be commenced against a governmental entity or employee in the Superior Court unless the foregoing notice provisions are substantially complied with. A claim filed under this section shall not be held invalid or insufficient by reason of an inaccuracy in stating the time, place, nature or cause of the claim, or otherwise, unless it is shown that the governmental entity was in fact prejudiced thereby. A claim filed under this section shall not be held invalid solely because a claim based on the same facts was filed under a different statutory procedure and was disallowed.
5.
Definition of good cause.
"Good cause" as used in subsection 1 includes but is not limited to any cases in which any official of the governmental entity whose duties and authority include the settlement of tort claims or any tort liability insurer of the governmental entity makes direct oral or written contacts with the claimant or the claimant's personal representative or attorney, including payments to or on behalf of the claimant, that contain or imply a promise of coverage sufficient to cause a reasonable person to believe that the losses for which no timely notice claim is filed would be covered.
This section shall not apply to such claims as may be asserted under the Rules of Civil Procedure by a 3rd party complaint, crossclaim or counterclaim.

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Legislative History

PL 1977, c. 2, §§2,5 (NEW). PL 1977, c. 578, §3 (AMD). PL 1977, c. 591, §§3,6 (AMD). PL 1979, c. 68, §5 (AMD). PL 1987, c. 740, §6 (AMD). PL 1989, c. 327 (AMD). PL 1991, c. 460 (AMD). PL 2001, c. 249, §1 (AMD). PL 2019, c. 214, §§1, 2 (AMD). PL 2019, c. 214, §3 (AFF).