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Uninsured Car Accident in Boston, MA

April 5, 2021

According to the Insurance Research Council, one in eight US drivers does not have auto insurance coverage. Uninsured Car Accident in Massachusetts represent half the national average – 6.2%. While this is good news, it still means that you may suffer a motor vehicle accident and the fault driver does not have insurance, or is under insured. What are your options in this case? An experienced personal injury lawyer at Kelly & Associates Injury Lawyers can give you competent advice based on the actual circumstances of the crash you were involved in: 1-800-LAW-GUYS!

Massachusetts Requirements for Automobile Insurance Policy

Each state has its own rules regarding accident car insurance. In Massachusetts, drivers are required to carry the following types of minimal insurance coverage:

  • bodily injury insurance: $20,000 per person and $40,000 per accident
  • personal injury protection: $80,000 for you, the person who is driving your car, passengers and pedestrians involved in the accident
  • bodily injury caused by an uninsured driver: $20,000 per person and $40,000 per accident
  • property damage caused to a third party: $5,000.

This may seem like a lit of money. However, in our experience in preparing personal injury claim documents, it may not cover all the medical expenses, property damage and other costs you may incur in the aftermath of a motor vehicle accident. This is why you should consider purchasing additional coverage and working with a reputable insurance company.

How Does Uninsured Car Insurance Work?

You may wonder why you yourself must hold extra personal accident insurance to cover for an uninsured driver. The answer is simple: since the responsible driver is not insured, you may not recover your losses and expenses from them. Instead, your own insurance carrier will pay. This is what this type of injury insurance coverage really pays for – your own hospital bills and costs to repair your wrecked car.

Boston car accident lawyers also advise their clients to consider under insured motorist coverage because, in many cases, minimum coverage is not enough to pay for all the amounts listed in your accident claim.

Can I File a Personal Injury Lawsuit against an Uninsured Driver?

If you are involved in an uninsured car accident  and if you seek maximum compensation for your losses, you may consider suing the party with liability if they do not have sufficient insurance or are completely uninsured. This is your right, according to the law. However, you should consider the probability of actually recovering your damages in this manner from uninsured motorists.

While some of them simply flout the law, others do not purchase insurance because they are in financial difficulties. Thus, if they are unable to pay liability insurance premiums, they may also be unable to pay financial compensation to you. The court can award you compensation, but this is not a guarantee that you will actually get your money.

What Are the Consequences of Driving without Personal Automobile Insurance?

So far, you understood that the person at fault for an accident may not have to pay any damages to the victim. However, this does not mean that there are no consequences for uninsured drivers. The General Laws of Massachusetts Part I Title XIV Chapter 90 stipulate a series of penalties in Section 34J  for motorists without a driver insurance plan:

  • a fine between $500 and $5,000, or
  • 1 year of imprisonment in a house of correction, or
  • both fine and imprisonment.

Additionally, the driver will have their license suspended for 60 days. Therefore, this is not the case when the liable parties walk away with impunity.

Uninsured Car Accident in Boston, MA, What should be done

In many cases, an experience of traffic accident lawyers can help you successfully file and collect an accident claim. By analyzing the circumstances of the accident, the attorney may identify other parties sharing responsibility in the accident and pursue them and their insurance provider for compensation.

Also, an experienced trial lawyer can also advise you on the likelihood of collecting a court award if you want to sue the other driver. Moreover, the lawyer can make accurate fault determinations, which will persuade your insurance to pay more money for your damages.

This is very important, because Massachusetts has the comparative fault law. This law stipulates that an accident victim whose percentage of fault for the crash is less than 51% may recover proportional damages. Motor vehicle insurance companies will try to assign a higher degree of responsibility to you, in order to pay less or even deny your claim.

Hire Personal Injury Lawyers Prepared to Fight for You!

At Kelly & Associates Injury Lawyers, we know that medical expenses and other damages after a car accident can get very high. Even if you are partly responsible for the accident, you have the right to get compensation for all these losses. We are experienced in negotiating with auto insurance companies on behalf of our clients, and we don’t stop until we obtain a fair settlement for them.

At the same time, we can help you decide whether you should pursue other at-fault drivers involved in the accident, who may hold sufficient auto insurance to cover your claim. Your best interests are always at the core of everything we do, so contact use for a free evaluation of your case. We are available 24/7 at 1-800-LAW-GUYS!

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    MEET YOUR LAW GUY MICHAEL D. KELLY, ESQ.

    Michael D. Kelly has a diverse background that provides a breadth of legal knowledge that he draws upon in serving his clients. Kelly compiled an excellent academic record during his three years at New England Law in Boston.