Detailed Answer
If another driver causes a crash in Massachusetts and lacked active insurance on the loss date, you still have paths to recover your losses. The main options include using your own uninsured motorist coverage, filing a civil lawsuit, seeking criminal restitution, and reporting the violation to the Registry of Motor Vehicles.
1. Use Uninsured Motorist (UM) Coverage
Under Massachusetts law, every auto policy must offer uninsured motorist coverage for bodily injury and, if you purchase it, uninsured motorist property damage (UMPD). See M.G.L. c. 175, §113L. If you elected UM/UMPD, notify your insurer promptly and submit proof of your damages. Your insurer pays covered losses even when the at-fault driver has no insurance.
2. Initiate a Civil Lawsuit
You can sue the uninsured driver for negligence to recover medical bills, lost wages, pain and suffering, and property damage. In Massachusetts, District Courts handle personal injury claims up to $50,000 and property damage up to $7,000 in Small Claims Court. If you obtain a judgment, you can enforce it by garnishing wages or placing liens on real estate.
3. Seek Criminal Restitution
Driving without insurance violates M.G.L. c. 90, §34J. Report the driver to local police or the district attorney. If prosecutors charge the driver criminally, you can request a restitution order as part of sentencing or probation to cover your out-of-pocket losses.
4. Report to the RMV
The Massachusetts Registry of Motor Vehicles can suspend the uninsured driver’s license and registration and impose fines. Submit a complaint to the RMV Insurance Requirements Unit. A suspension often motivates the driver to negotiate a settlement to regain driving privileges.
Helpful Hints
- Verify your policy declarations to confirm UM and UMPD limits before you file a claim.
- Submit written notice to your insurer within your policy’s deadline (often 30 days after the crash).
- Collect and preserve evidence: photos of the scene, witness statements, and the police report.
- Consult an attorney to understand deadlines (statute of limitations is three years for personal injury under M.G.L. c. 260, §2B and three years for property damage under §2A).
- Keep detailed records of all medical treatments, repair estimates, and correspondence with insurers.