Detailed Answer
Imagine you were stopped at a red light in Boston when another driver rear-ended you. You need to identify which insurer covered the at-fault motorist at the time of the crash. Here’s how you can do it under Massachusetts law:
- Obtain the Official Crash Report. Massachusetts requires law enforcement to file a crash report if there’s injury, death or significant damage. You can request a copy from the local police department or online through the Registry of Motor Vehicles (RMV): Mass.gov – Request a Copy of a Crash Report. The RMV form SR-1 often lists the at-fault driver’s insurer.
- Review the Massachusetts Financial Responsibility Law. State law mandates that every driver maintain liability insurance. Under M.G.L. c.90, § 34M (link), any driver must produce proof of insurance upon request. The crash report typically includes the insurer’s name and policy number.
- Order the Motor Vehicle Record (MVR). You can request the at-fault driver’s driving record from the RMV under M.G.L. c.90, § 20. The MVR may list current and past insurers. Visit Mass.gov – Request Your Driving Record for instructions.
- Use Civil Discovery Tools. If you file a claim or lawsuit, you can compel the at-fault driver to produce insurance information. Under Mass. R. Civ. P. 34, you may request “all insurance agreements” that cover liability for the accident. Additionally, M.G.L. c.231, § 60B (link) allows courts to order disclosure of relevant liability insurance before trial.
- Contact Your Own Insurer. If you reported the crash to your insurer, ask whether they have identified the other driver’s carrier via subrogation. Your insurer often investigates to recover your losses.
- Communicate Directly. If the at-fault driver admits fault, ask them to provide their insurance card or policy declaration page. Massachusetts law requires drivers to carry proof of insurance at all times.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. To address your specific situation, please consult a qualified attorney.
Helpful Hints
- Keep a copy of your own insurance information and the crash report in one place.
- Note the date, time and location of the accident when requesting records.
- Follow the RMV’s written request procedures to avoid delays.
- If the at-fault driver won’t cooperate, civil discovery is your strongest legal tool.
- Track deadlines: you generally have three years to file a lawsuit under M.G.L. c.260, § 2A.