Search Site
Menu
Common Situation 10 – Not Quite a Hit & Run, But…

Common Insurance Situations in Mass Auto Accidents

Common Situation 10

A passenger in a vehicle is mildly shaken up in a two-car accident. Obviously, the passenger has the information on the vehicle in which he/she is riding but neglects to get the information on the other vehicle. What implications does this have for insurance coverage?

Answer to Common Situation 10

If there is negligence alleged on the driver of the passenger’s car, the passenger can recover from that vehicle under Part 5, guest coverage, optional bodily injury. (For the reasons stated in Hypotheticals 1-3, Part 1 is not available.)

Where this situation gets tricky is if there is negligence on the other car, the car, which is unknown and left the scene presumably because no one was hurt. If the passenger can establish “that she did not realize that she had been injured until [the other vehicle] had departed, then the accident qualifies as a hit and run accident, and coverage under the policy exists.” Pilgrim Insurance Co. v. Molard, 73 Mass. App. Ct. 326 (2008). Hit and run is relevant because the standard Massachusetts Auto Insurance Policy allows compensation under Part 3 if the vehicle cannot be identified. In fact, under the right circumstances, there need not be a hit or a run to recover under Part 3. Surrey v. Lumbermen’s Mutual Casualty Co., 384 Mass. 171 (1981), Commerce Insurance Co. v. Mendonca, 57 Mass. App. Ct. 522 (2003). See also Goodman v. American Casualty Co., 419 Mass. 138 (1994) which requires the insurer to show prejudice if the policyholder gave late notice.

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    They went the extra mile. Stood behind me. Had a difficult claim with a motor vehicle accident. I'm very satisfied with the outcome. Richard

    Read more

    richard turk

  • google
    5.0/5.0

    We have had the pleasure of working with Colleen Santora on couple legal issues. We have always had a good communication during our very long process. We feel good responsive, open,& honest communication during a injury case should be the strongest ...

    Read more

    Edward Hyde

  • google
    5.0/5.0

    Very professional firm, always pay attention to detail. Knowledgeable and successful. Written on behalf of Mikhail Zaytsev.

    Read more

    Yelena Wise

  • google
    5.0/5.0

    I was a victim of a serious crash and sustained some major injuries. I was referred to Feinberg & Alban by a personal friend while I was in rehab. I contacted on a weekend and was put in touch with Robert. After speaking over the phone with Robert an...

    Read more

    Craig Donovan

  • lawyers
    5.0/5.0

    I was a victim of a serious crash and sustained some major injuries. I was referred to Feinberg & Alban by a personal friend while I was in rehab. I contacted on a weekend and was put in touch with Robert. After speaking over the phone with Robert an...

    Read more

    Client

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form