What Happens If You’re Hit by an Uninsured Driver?
Massachusetts has a no-fault insurance system for car accidents. This means that in many cases, people file claims with their own insurance companies following their accidents even when the other driver was at fault. However, there are certain situations in which people are seriously injured when they are allowed to step outside of the no-fault system and file claims against the at-fault driver. However, if the at-fault driver is uninsured or does not have adequate coverage, problems can arise. Similarly, if you were hit by a hit-and-run driver, you will have to rely on your own insurance company to recover your damages through your uninsured or underinsured motorist coverage.
Uninsured Motorist Coverage
Under Mass. Gen. Laws Chapter 175, § 113L, all motorists in Massachusetts are required to have uninsured motorist coverage for bodily injury or death on their car insurance policies. This is meant to protect you when you are involved in an accident with an uninsured motorist or a hit-and-run driver. However, Massachusetts does not require motorists to purchase uninsured motorist property damage coverage or underinsured motorist coverage.
Underinsured Motorist Coverage and Uninsured Motorist Property Damage Coverage
Underinsured motorist coverage and uninsured motorist property damage coverage are two additional types of insurance coverage that you can add as options to your automobile insurance coverage. Consider purchasing these additional types of coverage and requesting higher amounts than the minimum required amounts for uninsured motorist coverage. In a serious accident, your losses might far exceed the minimums on your policy or that of an underinsured driver. Being properly insured can help you recover full compensation for your losses after you’re hit by an uninsured driver or an underinsured motorist.
Comprehensive and Collision Coverage
You can also get a comprehensive and collision insurance policy from your insurance company. If you then get into an accident with a hit-and-run driver or uninsured driver, your comprehensive and collision coverage will pay for your property damage. However, it will not cover your injuries. This makes it important to get adequate levels of uninsured and underinsured coverage in addition to comprehensive and collision coverage.
Can You Sue the Uninsured Driver?
While you can file a lawsuit against an uninsured driver, it is unlikely you will recover compensation. In many cases, people who drive without insurance do not have money to pay for accident-related damages. If you receive a court judgment, you will not be likely to be able to recover any money from an uninsured driver.
Will the Uninsured Driver Escape Without Consequences?
Even though you might not be able to recover money from an uninsured driver through a lawsuit, that does not mean that he or she will not face any consequences. Driving without insurance in Massachusetts is an offense that carries fines and penalties. If you’re hit by an uninsured driver, he or she will likely have his or her license suspended for 12 months and be forced to pay reinstatement fees before he or she can get his or her license back. Driving without insurance can also result in a fine of up to $5,000 and potential jail time.
Talk to Ellis & Associates
It can be traumatic to sustain serious injuries in an accident with an uninsured or hit-and-run driver. If you have been involved in one of these types of car accidents, you should speak to an experienced personal injury attorney at Ellis & Associates. We can review your insurance policy and help you recover compensation through your coverage. We might also be able to identify other potential sources of recovery. Call us today at 800-MR-ELLIS, or contact us online.