You’ve been injured in a hit-and-run accident and now you need payment for medical bills, property damage and other harm resulting from the crash. But how do you get that compensation if the other driver left the scene and you don’t know who they are?
Massachusetts has an insurance system that allows you to file a claim with your own insurance provider if you’ve been hurt in a vehicle collision. Assuming you have collision coverage, then your insurance company will pay to repair or replace your vehicle. But, more importantly, your own policy will also compensate you for injuries under the uninsured motorist (UM) provision of your policy. Uninsured motorist coverage is required in Massachusetts.
The mandatory minimum amount of UM coverage is $20,000. This can help cover your medical costs and other out-of-pocket expenses stemming from the accident. Many drivers purchase more than the minimum UM coverage. If you did purchase more coverage, then you can be compensated up to whatever your policy limit is, provided your attorney convinces the insurer that your claim is worth it. (There is also underinsurance coverage but that doesn’t come into play in a hit-and-run case.)
If the hit-and-run driver cannot be found, then you are limited to collecting whatever your UM coverage limit is. If you are seriously injured in a hit-and-run (or by any driver who doesn’t have insurance), then your own UM coverage will be your only source of compensation. This is all you can recover for all of your damages, including pain and suffering.
Should the hit-and-run driver be found, they might be charged with a crime and can be held liable for injuries in civil court. As the injured victim, you will be able to pursue a claim with that driver’s insurance company, or against the driver personally, to recover compensation. If criminal charges are filed, upon conviction the hit-and-run driver could face up to two years’ incarceration along with a fine and license suspension.
Hit-and-run accidents create more complications than the more routine auto accident case. If you were injured by a hit-and-run driver, make sure you find a proven injury lawyer who has a track record of successfully handling complex cases and who knows how to work with all of the involved parties, including insurance companies, police and doctors.
With decades of auto accident experience in Massachusetts, the lawyers of Feinberg & Alban PC, have secured some of the largest compensation awards in the state. If you were hurt in a hit-and-run and need legal advice, please call our Boston law firm at 617-232-5950 or contact us online to schedule a free initial consultation.