Figuring out what to do right after a car accident can be very overwhelming, especially when the at-fault driver lacks insurance. In Massachusetts, despite mandatory auto insurance laws, there are still instances where drivers either do not have insurance or are underinsured. Knowing your rights and the steps you can take if you have been in an accident with an uninsured motorist is crucial for protecting yourself and your financial well-being.

Understanding Massachusetts' Insurance Requirements

Massachusetts operates under a "no-fault" insurance system, which requires drivers to carry Personal Injury Protection (PIP) coverage. This means that regardless of who is at fault, your own insurance company will cover your medical related expenses and certain other costs up to a specified limit. However, PIP coverage does not compensate for pain and suffering, and if your expenses exceed your coverage, you might need to explore other options.

Minimum Insurance Requirements in Massachusetts

Every driver in Massachusetts must carry the following minimum insurance coverage:

• Bodily Injury to Others: $20,000 per person / $40,000 per accident
• Personal Injury Protection (PIP): $8,000 per person, per accident
• Bodily Injury Caused by an Uninsured Auto: $20,000 per person / $40,000 per accident
• Damage to Someone Else's Property: $5,000 per accident

Despite these requirements, some drivers on the road are either uninsured or underinsured, leaving law-abiding citizens vulnerable in the event of an accident.

Steps to Take After an Accident with an Uninsured Motorist

Being involved in an accident with an uninsured motorist can be particularly stressful. Here's what you should do to protect your rights and to make sure you receive the compensation you deserve:

1. Stay Calm and Safe: Ensure everyone involved is safe. Move to a safe location if possible and call 911 to report the accident.
2. Document the Scene: Take videos and photographs of the accident scene, vehicle damages, and any visible injuries. Gather contact information from any witnesses.
3. Exchange Information: Even if the other driver is uninsured, exchange contact details and take note of their vehicle registration.
4. Report to Your Insurance Company: Inform your insurance company about the accident as soon as possible. Provide them with all the documentation and details you have collected.
5. Seek Medical Attention: Even if you feel fine, it's essential to get a medical check-up to rule out any hidden injuries.

Leveraging Uninsured Motorist Coverage

Massachusetts law mandates that auto insurance policies include Uninsured Motorist (UM) coverage. Having this coverage protects you if you're involved in an incident with a driver who has no insurance or if you're the victim of a hit-and-run.

Benefits of Uninsured Motorist Coverage

• Medical Expenses: Covers medical bills and rehabilitation costs.
• Lost Wages: Compensates for income wages due to the inability to work.
• Pain and Suffering: Provides compensation for non-economic damages.
• Property Damage: Compensation for replacement parts or repairs of your vehicle.

Legal Recourse and Pursuing Compensation

If your damages exceed the limits of your UM coverage, you may need to consider legal action against the uninsured driver. Although, collecting compensation can be challenging if the at-fault driver lacks assets or income. Speaking with an skilled lawyer will help you explore alternative avenues for recovery.

Steps an Attorney Might Take:

• Investigate the Driver's Assets: Determine if the uninsured motorist has any assets that can be pursued.
• File a Lawsuit: Initiate legal proceedings to obtain a judgment for your damages.
• Negotiate with Insurance Companies: Work with your insurance company to maximize your UM claim.
• Explore Additional Coverage: Check if other policies, like umbrella insurance, can provide additional compensation.

Preventative Measures and Additional Coverage Options

To further protect yourself, consider these additional insurance options:

• Underinsured Motorist (UIM) Coverage: This covers you if the at-fault driver's insurance policy is not enough to cover your losses.
• Collision Coverage: Reimbursement for damage to your vehicle regardless of who is at fault.
• Medical Payments Coverage (MedPay): Covers medical expenses for you and your passengers, irrespective of fault.

Conclusion

Dealing with uninsured motorists in Massachusetts requires a thorough understanding of your own insurance coverage and the legal options available to you. By taking proactive steps after an accident and considering additional insurance coverages, you can safeguard yourself against the financial and emotional toll of such incidents.

Brandon J. Broderick, Massachusetts Personal Injury Lawyer

There is no law requiring you to have a lawyer when filing a personal injury claim after an accident. However, working with an experienced Massachusetts personal injury attorney can make all the difference in the outcome of your case. Why risk being unfairly compensated and not having recourse to fix it? When you hire a personal injury lawyer from our team, you pay nothing upfront. We work on contingent fees only collected if we win your case. If we don’t win, you don’t pay.

With our proven track record of success with personal injury settlements and our commitment to client care, we can turn your setback into a comeback. Contact Brandon J. Broderick, Attorney at Law, for a free consultation. 

Contact us now for a free legal review.