Just like most states, Massachusetts has requirements about the minimum auto insurance that motorists must carry to cover expenses to damages they may cause to other vehicles and property. But what happens if you get involved in a car accident with an uninsured driver?
If you have become entangled in a car accident with an uninsured or underinsured motorist in Brockton Massachusetts, it is imperative that you get in touch with a reputable car accident attorney who can advise you in this particularly sticky situation. Call the law offices of Robert Shea at 508-506-5681 and arrange a FREE consultation with our experienced Brockton uninsured motorist accident lawyers right away!
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What Are Massachusetts Car Insurance Minimum Requirements?
A properly insured motorist in Brockton, Massachusetts, must carry four types of coverage. Here is a description of the insurance coverage expected of a motorist operating their vehicle on the roads and freeways of Massachusetts.
Bodily Injury (BI)
Third party Bodily Injury insurance pays out $20,000 for each person injured in an accident with a cap of $40,000.
A minimum of $5,000 of property damages paid out for any car accident caused by the insured driver.
Personal Injury Protection (PIP) $8,000
Also called “no-fault” insurance, this coverage is for medical expenses for injuries suffered by the insured and their family no matter who caused the accident. This can also include up to 75% of lost income if injuries and recovery prevented the insured from returning to work.
PIP covers the insured and a family member, but if you have no family members eligible for this coverage, consider excluding the extra coverage. This will reduce your PIP premium somewhat.
Uninsured / Underinsured Motorist Bodily Injury (UM/UIMBI)
If you are harmed in an accident and the other driver doesn’t have insurance or doesn’t have enough insurance, this coverage will pick up the slack from what is missing from the other driver’s insurance. For this reason, it has the same limits as Bodily Injury coverage.
What To Do After You Are Hit By An Uninsured Driver
It is most unfortunate for a responsible motorist like yourself to be involved in an accident with a driver who is not carrying insurance or not carrying the proper amount to cover the damages and injuries sustained. But if this eventuality happens to you, here is what you should do:
Call The Police
You should always call the police in the event of an accident. But this is even more important if involved in an accident with an uninsured driver. The report the police will make can greatly facilitate the claims process.
Don’t Accept Money
the other driver will be facing some serious trouble and may try to wiggle their way out by offering you a cash deal. It may be tempting, but because you have no idea what your damages amount to, it’s always best to wait and not accept the deal.
they probably don’t have insurance information, but you should get the names, license plate number and contact information. You may also want to get information from any witnesses who saw the accident happen.
You’ll want to capture any damage done to your car and the other vehicle, the other driver’s license plate, traffic signs, and the direction each vehicle was traveling. All of these are important details that will come in handy when filing a claim.
Who Pays For Damages When The Other Driver Is Uninsured?
Car insurance is required by law in all states, but this doesn’t mean that the person who hit your car and caused damages is carrying insurance or covered by enough insurance. Sometimes you will be involved in a hit and run accident and unable to properly identify the driver of the other car. In such a situation, what is the best option for you?
What Is UIM?
Uninsured Motorist coverage, or simply UIM, is additional coverage that you can purchase from your insurance provider. This converge will protect you if you are injured or suffer damages in a car accident that is not your fault if the at-fault driver is not carrying insurance.
What Is Underinsured Motorist Coverage?
Much like UIM, underinsured motorist coverage will cover the damages you sustain in an accident if the other driver is not carrying enough insurance. This coverage will make up for the difference between the at-fault driver’s insurance and the total cost of your damages.
Can You Sue An Uninsured Driver Who Causes A Car Accident?
There is a chance that you can do this, but there is only a slight chance that you will ever get the compensation you need. If the person is not carrying insurance there is little chance that they are in a financial position to cover the costs of your medical expenses required for a full recovery or pay for the damage done to your vehicle.
Massachusetts Statute Of Limitations For Auto Accidents
Personal injury cases in the state of Massachusetts are subject to a time limit to file a claim called the “statute of limitations”. The same rule applies to making claims for damages or injuries sustained in a car accident. The statute of limitations for filing a personal injury claim in Massachusetts is three years from the date of the incident, nevertheless, there are some important points to consider.
If you are involved in a hit and run accident that results in personal injury, property damages or the death of your relative, you must file your claim within 6 months of learning of the identity of the at-fault driver. This also requires that the police and state motor registry have taken proper note of the details of the accident, such as the time and place. For this reason, it is very important to call the police to make a report at the time of the accident.
Review Your Claim With A Brockton Uninsured Motorist Accident Lawyer
If you have been involved in an accident with a driver who is not carrying insurance or is underinsured, it is critical that you contact a personal injury lawyer experienced in these cases. Your legal representation can make the difference between facing the financial implications of the accident and accessing the compensation you are entitled to by the law.
If you have been in an uninsured or underinsured accident, call the law offices of Robert Shea, right away. Call 508-506-5681 to make arrangements for your FREE legal consultation where we can advise you on your best course of action.