If you or a loved one were injured in a car accident with an uninsured driver, getting the compensation you need and deserve could be difficult.
An injury attorney with extensive experience handling uninsured motorist car accident cases in Massachusetts can help you explore all your rights and options.
Spada Law Group offers legal services for anyone injured in a Massachusetts auto accident. During our free consultations, we’ll listen to what happened and explain how we could be able to help you. Call to schedule a free consultation: (617) 889-5000.
A Massachusetts Attorney Can Help You Explore Your Options for Recovery
An uninsured driver is a driver who does not have insurance. An underinsured driver has insurance, but it is not enough to cover your damages. If you were injured in an uninsured and underinsured car accident, an attorney could help you recover the compensation you deserve.
Massachusetts law requires all drivers to have a minimum amount of car insurance. This requirement exists so that whenever someone is involved in a car or motorcycle accident, there will be enough insurance coverage to pay the injured person’s medical bills, expenses, lost income, and other needs due to the accident.
The issue is that not all drivers follow the law, creating a problem for anyone injured in an accident caused by an uninsured or underinsured driver.
Spada Law Group has years of experience handling uninsured/underinsured motorist claims and helping clients recover the compensation they deserve from the right insurance companies.
Your Personal Injury Protection Coverage in Boston, Massachusetts
In Massachusetts, all drivers must have at least $8,000 in Personal Injury Protection (PIP) coverage per person, per accident. Because Massachusetts is a no-fault state, PIP will pay up to $8,000 regardless of who caused the accident.
If you are injured in any Massachusetts car or motorcycle accident, PIP will pay up to $8,000 of medical costs (minus your deductible). PIP insurance covers you, anyone you let drive your car, anyone who lives in your house, passengers in your vehicle, and pedestrians.
If you can’t work because of your injuries, PIP in Massachusetts will cover up to 75% of your lost wages up to the $8,000 PIP maximum.
In a recent comparison, the cost of PIP coverage with no deductible was $49 per policy, while PIP coverage with an $8,000 deductible was $26. A higher deductible only saves a few dollars per policy, but you can lose thousands in benefits.
Uninsured Motorist Protection in Massachusetts
If your accident-related losses exceed your PIP limits, you can pursue more compensation by filing a claim under your UM (underinsured or uninsured motorist) insurance policy.
A UM policy will provide insurance coverage when a driver who does not have auto insurance causes an accident. A UM policy will also cover losses from a hit-and-run accident. UM can also provide additional coverage when a driver who causes an accident has auto insurance but not enough to cover the damages from an accident.
Massachusetts is one of the few states which requires all drivers to buy UM coverage to protect against hit-and-run drivers. All drivers must have at least $20,000 in coverage per person and up to $40,000 per accident. This mandatory coverage is “Bodily Injury Caused by Uninsured Auto.” This coverage protects you, anyone you let drive your car and household members from an uninsured or hit-and-run driver. It applies if 1) the driver who caused the accident does not have insurance; or if 2) it’s a hit-and-run accident.
While uninsured motorist coverage is required, buying underinsured motorist coverage to protect yourself from drivers who don’t have enough liability insurance is not required in Massachusetts.
What are the Benefits of UM Coverage in Massachusetts?
Uninsured and underinsured motorist coverage is relatively inexpensive compared to the benefits it provides. A UM policy will protect you in your own car or motorcycle, when driving someone else’s car, and even if you are injured as a pedestrian. It can also cover your other household members.
Even if you don’t have a UM policy for underinsured drivers, it is still always a good idea to consult with an attorney because there may be some other way to receive the benefits of UM coverage.
How Can I Get Compensation if the Other Boston Driver Doesn’t Have Insurance?
When the at-fault driver does not have insurance or they do not have enough insurance to cover the total cost of damages from the car accident, there are other ways to get the financial recovery you need and deserve.
Three Ways to Collect Insurance Compensation For a Car Accident Caused by an Uninsured or Underinsured Driver
First, you can file an insurance claim under your own insurance policy. Your own uninsured or underinsured motorist coverage may compensate you for your injuries from the accident.
Second, filing a claim under another household automobile insurance policy is possible. People who live in the same household and are related by blood, adoption, or marriage might be able to file a claim under another household member’s insurance policy.
Third, it is possible to file a claim under the insurance policy of the car you were injured in. Suppose you were a passenger at the time of the accident. In that case, you might be able to recover compensation under the vehicle you were riding in if an insurance policy protects that car.
Filing a Lawsuit Against the At-Fault Driver
If you were injured in an accident, whether you were driving a car or riding a motorcycle, and your injuries entitle you to more than your PIP and UM coverages, you may be able to file a lawsuit against the at-fault driver. An accident would be a driver’s fault if they were more than 50% responsible for the accident. Spada Law can help determine if a lawsuit against the at-fault driver is a good option for your case.
Ways a driver can be at fault for a car accident:
- The driver was distracted and not paying attention to the road
- The driver ran a red light
- The driver didn’t yield to the right of way
- The driver was speeding
- The driver was driving too fast for the road or weather conditions
- The driver was under the influence of prescriptions, drugs, or alcohol
Ultimately, you have two options when you’re injured in an accident with an uninsured or underinsured driver. You can 1) file a claim under your own insurance policy’s uninsured or underinsured provision, or 2) file a personal injury suit against the uninsured or underinsured driver.
The second option, however, is usually not very helpful as the driver likely didn’t have insurance because they have few assets. Most often, depending on the details of your case, filing a claim under uninsured or underinsured motorist coverage is the best option.
If your insurance company does not reach a favorable settlement, we can file a lawsuit against your insurance company to help you recover the benefits of your UM coverage.
How Our Car and Motorcycle Accident Attorneys Can Help With Your Massachusetts Uninsured Motorist Accident Claim
Recovering compensation for your injuries can be a complex, stressful process. Spada Law can help manage everything, so all you need to focus on is getting better.
We investigate your case
We need evidence to get you a fair settlement or fair court-awarded damages. You must prove that the uninsured driver caused the accident and your injuries for a successful lawsuit. Spada Law will do extensive investigation to secure evidence as part of this process.
Evidence may include:
- Police reports
- Photos of the accident scene
- Surveillance video footage
- Traffic camera footage
- Accident reconstruction data
- Eyewitness statements
- Physical evidence
- Medical records
We will also work with our team of experts, including accident reconstructionists, to determine how an accident happened and who caused the collision. We will also discuss with your medical professionals how crash-related injuries are affecting your daily life and could affect your future.
We handle All the Insurance-Related Matters
Many people assume that issues only happen when dealing with another driver’s insurance company, but this is not always true. In a UM accident case, you will primarily deal with your insurance company. Insurance companies are in the business of making a profit, which means they want to deny paying as many claims as they possibly can.
Insurance companies will work to deny or devalue claims, even if it's a claim filed by their own policyholder. Hiring an injury attorney helps you because we will file paperwork to avoid a claim denial. We will protect you from the insurance company’s attempt to pay less than what you need and deserve. We can file and manage the claim, negotiate a settlement, and fight for your rights and compensation.
We Can Represent You in a Trial
If your car insurance claim does not cover all your losses, you may be able to file a lawsuit against the negligent driver (and sometimes your own insurance company). Spada Law’s personal injury attorneys are highly effective and experienced litigators.
What Kind of Compensation Do I Deserve After An Accident with an Uninsured Driver in Boston or Massachusetts?
After an injury involving an underinsured or uninsured motorist, you can recover both economic and non-economic damages. Medical expenses, for example, include many things, including hospital stays, surgeries, physical therapy, rehabilitation, and more.
Damages may include:
- Medical Expenses
- Future medical bills
- Loss of income
- Loss of future income
- Loss of employee benefits
- Pain and suffering
- Property damage
- Disfigurement and scarring
- Childcare expenses
- Household maintenance fees
If you lost a loved one in a car accident with an under or uninsured driver, you also have legal rights. Spada Law Group can file a wrongful death case which allows you to seek recovery for their medical care and other damages.
Injured in an Accident with an Uninsured or Underinsured Driver or Motorcyclist in Boston or Massachusetts? Reach out for a FREE Consultation with an Uninsured Motorist Accident and Injury Lawyer
Car accident injuries can be serious. Handling your medical treatment alone is complicated, but navigating the legal process and dealing with insurance companies doesn’t have to be challenging and stressful – that’s why we’re here.
If you or a loved one were injured in an accident with an uninsured or underinsured motorist, you have rights and may be able to get compensation for your medical bills, time lost from work, pain and suffering, and more.
Over the last three decades, we’ve helped thousands of people in Massachusetts get the recovery they need after an uninsured motorist accident injury. Recently, Boston Magazine named Attorney Spada one of Boston’s Top Personal Injury Lawyers. As personal injury lawyers, you never pay us a penny until we win your case. We’re here and ready to help.
We have three offices but proudly serve the entire state with the ability to meet with you remotely from the comfort of your own home. Contact us for a free consultation so we can learn more about your uninsured motorist accident and injuries and see how we can help you get the recovery you deserve.