Getting into an auto accident is frustrating enough, but the aggravation is compounded even more when it involves a hit-and-run driver. Many drivers may feel compelled to chase down the hit-and-run driver to ensure they receive proper compensation for potential medical bills and vehicle damage. However, Massachusetts law provides injured victims with genuine opportunities to recover money following this kind of accident. This compensation is due to the state’s insurance requirements, the rules mandating police notification, and established court precedent protecting those who have been injured by drivers who abandon the scene. For hit-and-run victims to maximize their compensation, hiring a personal injury attorney in Massachusetts can help ensure every avenue is pursued to receive the justice they deserve.
Massachusetts Law Requires Uninsured Motorist Coverage for This Exact Situation
Massachusetts law requires that all motor insurance policies sold in the state contain uninsured motorist coverage. This type of coverage protects drivers, passengers, and pedestrians injured in an accident involving an unidentified driver or one without insurance. A hit-and-run driver clearly falls within this category since the driver’s identity is unknown at the time of the collision. The insurance company itself provides this coverage, and it comes into effect as soon as a hit-and-run driver injures you. The minimum bodily injury coverage required in Massachusetts for uninsured motorists is $25,000 per person, with a $50,000 limit if more than one person is involved.
Massachusetts Courts Protect Victims of No-Contact Hit-and-Run Crashes
In Surrey v. Lumbermens Mutual Casualty Co., the Massachusetts Supreme Judicial Court held that uninsured motorist coverage applies to hit-and-run accidents involving an unidentified driver, even if the vehicles do not make contact. A driver who causes you to be forced off the road, swerve into a guardrail, or set off a chain-reaction collision is entitled to coverage under this decision, provided there is strong evidence supporting these claims, including statements from witnesses, dash-cam footage, and a thorough police report.
Steps to Protect Your Hit-and-Run Claim
Taking the necessary action immediately after a hit-and-run accident lays the foundation for a successful hit-and-run insurance claim and helps preserve evidence, as it can disappear quickly. The following steps will give your case a strong start:
- Immediately call 911 so officers can respond, record the scene, and search for the escaped vehicle.
- Make a note of all the details you remember about the vehicle, such as its color, make, model, part of the license plate number, and the direction it was traveling.
- Take photographs of the crash site, of the damage to your vehicle, and of any visible injuries.
- Find out from other businesses, houses, and drivers whether traffic cameras or dash-cams captured any footage of the crash.
- Seek medical attention immediately, even if the injury seems minor, since having formal treatment will support both your health and your claim.
- Inform your insurance company as soon as possible and provide them with the police report number.
Massachusetts Law Requires a Police Report After a Hit-and-Run
Under Massachusetts law, drivers are required to file a report for any accident that results in injury, death, or more than $1,000 in property damage. The police use the report to look for the fleeing driver, and insurance companies use it to review your claim. By reporting the accident right away, you help ensure your own safety, aid your insurance claim, and establish an official record which carries significance when the adjusters and a Massachusetts car accident lawyer review your case.
What Your Uninsured Motorist Claim Can Cover
The purpose of uninsured motorist coverage in Massachusetts is to provide compensation to people injured in a hit-and-run accident, and it takes effect when your Personal Injury Protection benefits reach their limit. This type of coverage can be used to pay for medical bills, including emergency treatment, surgery, physical therapy, and future care related to the crash:
- Lost wages for time missed from work during recovery
- Reduced earning capacity when injuries create lasting limitations
- Pain and suffering caused by your injuries
- Permanent injury, scarring, or disfigurement
- Wrongful death benefits for families who lose a loved one in a hit-and-run crash
Leaving the Scene Carries Serious Criminal Penalties
It is a criminal offense in Massachusetts to leave the scene of an accident, and police departments across the state actively pursue such cases, identifying many hit-and-run drivers within a few days through tips from witnesses, traffic cameras, and vehicle debris left at the scene.
A driver who has been convicted of leaving the scene of an accident causing property damage could be sentenced to up to two years in jail, fined, and have their license suspended for six months or longer. In the case of a driver found guilty of leaving the scene after causing bodily injury, the sentence includes a mandatory minimum term of six months’ imprisonment, a fine of up to $1,000, and a license suspension of one year or longer.
When Police Identify the Driver Later
When the police determine the at-fault driver, your case generally changes from an uninsured motorist claim to a personal injury claim against that driver’s insurer, giving you access to higher policy limits and other forms of compensation. Under the comparative negligence rules in Massachusetts, you are still entitled to receive compensation as long as you are found to be 50% or less at fault, and the compensation will be reduced by the amount of fault you are assigned; the identified driver will remain responsible for the remainder.
Time Limits Apply to Your Hit-and-Run Claim
There is a three-year statute of limitations for personal injury claims in Massachusetts, and this time limit usually applies when you are making a claim as an uninsured motorist following a hit-and-run accident. Your insurance policy also has its own requirements regarding notice and arbitration, and by acting quickly, you will keep all your options open and ensure you receive the compensation you are entitled to.
Get Help From Our Massachusetts Hit-and-Run Attorneys
A hit-and-run claim goes through your own insurance company, and since the company has a financial incentive to pay as little as possible, a Massachusetts auto accident lawyer helps level the playing field by putting real investigative effort into your case. The car accident attorney will serve a subpoena for the traffic camera footage before it is deleted, manage the search for witnesses, determine the full amount of your medical expenses and lost income, and deal directly with the insurance adjusters. With this kind of support, injured victims can focus on their recovery while the legal team builds the best possible case for compensation.
The Massachusetts hit-and-run attorneys at d’Oliveira & Associates represent people involved in hit-and-run accidents across all 19 of our offices in Rhode Island and Massachusetts. We campaign on your behalf for full compensation for your medical expenses, lost income, and pain and suffering, and we handle all claims made by uninsured motorists, as well as any negotiations with your insurance company. We offer a free personal injury consultation during which we will review your accident and clearly explain the legal options available to you. Call us toll-free at 1-800-992-6878 to arrange your free consultation and make the first move towards the compensation you deserve.
Worcester Personal Injury Lawyer / d’Oliveira & Associates
120 Stafford Street (Unit 5)
Worcester, MA 01603
(508) 490-5955
Sources
- https://malegislature.gov/laws/generallaws/parti/titlexxii/chapter175/section113l
- https://www.mass.gov/doc/5190-leaving-the-scene-of-an-accident-involving-personal-injury-gl-c-90-ss-24-2a-121/download
- https://www.mass.gov/info-details/basics-of-auto-insurance
- https://law.justia.com/cases/massachusetts/supreme-court/1981/384-mass-171-2.html
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