Understanding Uninsured Motorist Coverage in Massachusetts

A hit-and-run accident can leave an injured person wondering how they can recover compensation when the responsible driver cannot be identified. Many people assume that no identifiable driver means no insurance claim.

In Massachusetts, that is often not true.

Uninsured motorist coverage may provide compensation when an accident is caused by a driver who has no insurance or by an unidentified driver who leaves the scene.

TL;DR

• Massachusetts automobile policies include uninsured motorist coverage for bodily injuries caused by uninsured or unidentified drivers.

• The current compulsory minimum is $25,000 per injured person and $50,000 per accident.

• Coverage may apply even when the injured person was riding in someone else’s vehicle.

• The applicable coverage may come from the injured person’s own policy, a qualifying household member’s policy, or, in some cases, the policy covering the occupied vehicle.

• After a hit-and-run accident, call the police, take photographs, identify witnesses, and speak with an attorney promptly.

What Is Uninsured Motorist Coverage?

Uninsured motorist coverage, often called UM coverage, protects an insured person who suffers bodily injuries because of a driver who:

• Did not have automobile insurance; or

• Cannot be identified, such as in a hit-and-run accident.

Massachusetts requires automobile owners to carry uninsured motorist coverage. The current minimum limits are $25,000 per person and $50,000 per accident, although drivers may purchase higher optional limits.

The per-person limit is the maximum available to one injured person. The per-accident limit is the maximum available to everyone injured in the same accident.

Can You Recover After a Hit-and-Run?

Potentially, yes.

We have successfully represented hundreds of people who have brought uninsured or underinsured claims in Massachusetts. For example, we had three people who were injured in a hit-and-run accident many years ago. Another attorney had declined the case because the responsible driver could not be identified. After reviewing the available insurance coverage, we pursued uninsured motorist claims and obtained substantial settlements for the injured clients, including a $50,000 policy limit for one of the clients. We have had dozens of cases in which the insurance company attempted to deny coverage, claiming that the hit-and-run never happened, but we were able to convince the insurance company, or an arbitrator, that it did.

Every case depends on its facts, injuries, evidence, policy limits, and insurance provisions. However, a hit-and-run driver’s disappearance does not automatically eliminate the right to pursue compensation.

Can You Recover After a Hit-and-Run?

Potentially, yes.

We have successfully represented hundreds of people who have brought uninsured or underinsured claims in Massachusetts. For example, we had three people who were injured in a hit-and-run accident many years ago. Another attorney had declined the case because the responsible driver could not be identified. After reviewing the available insurance coverage, we pursued uninsured motorist claims and obtained substantial settlements for the injured clients, including a $50,000 policy limit for one of the clients. We have had dozens of cases in which the insurance company attempted to deny coverage, claiming that the hit-and-run never happened, but we were able to convince the insurance company, or an arbitrator, that it did.

Every case depends on its facts, injuries, evidence, policy limits, and insurance provisions. However, a hit-and-run driver’s disappearance does not automatically eliminate the right to pursue compensation.

Which Insurance Policy Applies?

People often assume that the applicable coverage must come from the policy covering the vehicle they were riding in. That is not always correct.

Depending on the circumstances, uninsured motorist coverage may be available through:

1. The injured person’s own automobile policy; If the person does not have a car

2. A policy issued to a qualifying household member; If there is no household vehicle

3. In certain cases, the policy covering the occupied vehicle.

A household member is generally someone related to the policyholder by blood, marriage, or adoption who lives in the same household. This may be important for children or relatives who do not own vehicles.

Determining which policy applies may require reviewing the policies, household relationships, residency, and vehicle ownership.

Will a UM Claim Increase Insurance Premiums?

An uninsured motorist claim is not the same as an at-fault accident claim.

Massachusetts accident surcharges generally involve a finding that the driver was more than 50 percent responsible for causing the accident. Filing a UM claim does not, by itself, establish that the injured person was at fault. In fact, successfully filing an uninsured motorist claim is proof that you were not more than 50% at fault. As such, bringing an uninsured motorist claim should not result in points or surcharges.

What Should You Do After a Hit-and-Run?

Evidence is especially important when the responsible driver cannot be located.

When it is safe to do so:

• Call the police and request an accident report.

• Photograph the vehicle damage, roadway, debris, injuries, and surrounding area.

• Obtain witness names and contact information.

• Look for nearby surveillance or dashboard cameras.

• Write down everything you remember about the other vehicle.

• Seek appropriate medical treatment.

• Notify the insurance company but speak with an attorney before giving a detailed recorded statement or signing documents.

Why Documentation Matters

In one case we handled, an insurance company disputed whether a hit-and-run accident had occurred. The client had called the police, and the responding officer documented broken pieces from the client’s taillight at the accident scene.

That physical evidence and the officer’s observations helped support the client’s account.

Police reports, photographs, debris, witness statements, surveillance footage, vehicle damage, and medical records can all play an important role in proving a claim.

Do Not Assume You Have No Claim

Uninsured motorist cases can involve complicated issues involving residency, family relationships, policy priority, exclusions, notice requirements, fault, and coverage limits.

Before accepting a denial or assuming that no compensation is available, ask an experienced Massachusetts personal injury attorney to review the accident and all potentially applicable insurance policies.

Speak With a Massachusetts Personal Injury Attorney

If you were injured by an uninsured driver or in a hit-and-run accident, contact the Law Office of Louis S. Haskell. We can review the collision, identify possible insurance coverage, preserve important evidence, and explain your legal options.

Call or text the Law Office of Louis S. Haskell at (978) 459-8359 to discuss your case.

This article is for general educational purposes and does not constitute legal advice. Insurance coverage and personal injury claims depend on the specific facts, policy language, and applicable law.