Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When the at-fault driver carried no active insurance on the date of loss, Massachusetts law still provides avenues to recover damages:
- Uninsured or Underinsured Motorist (UM/UIM) Coverage: Massachusetts requires insurers to offer UM coverage under M.G.L. c. 90, § 34M (Link) and underinsured coverage under § 34J (Link). If you purchased UM/UIM coverage, you can file a claim with your own insurer up to your policy limits.
- No-Fault Personal Injury Protection: Under M.G.L. c. 90, § 34L (Link), your insurer must cover medical expenses and lost wages regardless of fault. This can advance treatment costs quickly.
- Massachusetts Insurance Guaranty Association (MIGA): If the at-fault driver’s insurer is insolvent, MIGA may cover unpaid claims for bodily injury and property damage. See M.G.L. c. 175, § 162R (Link).
- Crime Victim Compensation: If the accident involved a hit-and-run, you can apply to the Massachusetts Office of Victim Assistance for compensation of medical costs and lost wages.
- Personal Lawsuit Against the Driver: You can sue the at-fault driver directly in civil court for negligence. A court may award damages for pain and suffering, loss of consortium, and other losses. If you obtain a judgment, you can enforce it by garnishing wages or placing liens on property.
- Vehicle Owner Liability: If someone other than the driver owned the vehicle, you may pursue a claim against the vehicle’s owner under “permissive use” doctrines.
Helpful Hints
- Review your insurance policy declarations to confirm UM/UIM limits.
- Notify your insurer of any claim immediately to meet notice requirements.
- Keep detailed records: medical bills, repair estimates, and wage documentation.
- Consider consulting a personal injury attorney to evaluate your case and negotiate on your behalf.
- Understand the statute of limitations: Massachusetts generally allows 3 years for personal injury claims (M.G.L. c. 260, § 2A Link).
- Check eligibility for victim compensation within two years of the incident.