Can I Still Sue a Driver in Massachusetts if They Are Uninsured?

Being involved in a car accident is a stressful experience, can get considerably trickier if the other driver doesn't have insurance. If you find yourself in this predicament in Massachusetts, you might be curious about the legal avenues available to you for pursuing compensation. Fortunately, even if the at-fault driver lacks insurance, you still have avenues to pursue a claim.

Understanding Massachusetts Insurance Laws

Massachusetts operates under a "no-fault" insurance system. This means that after most car accidents, no matter who was at fault, your personal insurance coverage will pay for your losses and additional medical costs. However, this system has its limits, especially when it comes to more serious injuries and extensive damages.

Uninsured Motorist Coverage

One of the primary protections against uninsured drivers in Massachusetts is uninsured motorist (UM) coverage. This is a mandatory part of auto insurance policies in the state. UM coverage is meant to compensate you for damages and injuries if you are hit by a driver who does not have insurance. Here's what you need to know about UM coverage:

• Medical Expenses: UM coverage can help pay for medical bills resulting from the accident.
• Lost Wages: If your injuries keep you from working, UM coverage can compensate for lost income.
• Pain and Suffering: Non-economic damages, such as pain and suffering, may also be covered.

Filing a Personal Injury Lawsuit

Even with UM coverage, you might find that the compensation is insufficient, especially if you have suffered severe injuries or significant property damage. In this case, you may consider filing a personal injury lawsuit against the uninsured driver. Here are the steps and considerations involved:

1. Consult a Personal Injury Attorney: Given the complexities of such cases, it is important to seek the advice of an experienced lawyer. They can help assess the strength of your case and guide you through the legal process.
2. Prove Negligence: To win in a personal injury lawsuit, you must prove that the uninsured driver was negligent and that their negligence caused your injuries. Evidence like police reports, witness statements, and medical records will be essential.
3. Determine Damages: Your lawyer will assist you in determining the full amount of your losses, which include non-economic damages like pain and suffering, lost wages, medical expenses, and property damage.
4. File the Lawsuit: The legal process will be started by your lawyer filing the lawsuit on your behalf. The uninsured driver will be served with the complaint and given an opportunity to respond.
5. Settlement or Trial: Most personal injury cases are settled out of court. However, if a settlement cannot be reached, your case may proceed to trial, where a jury or judge will determine the outcome.

Challenges in Suing an Uninsured Driver

Suing an uninsured driver comes with its own set of challenges. One significant issue is the likelihood that the uninsured driver may not have the financial means to pay a judgment. This can make collecting any awarded damages difficult. Here are some potential obstacles:

• Asset Limitations: If the uninsured driver has few assets, recovering the full amount of your damages may be challenging.
• Bankruptcy: The at-fault driver might file for bankruptcy, which could discharge their liability for the accident.
• Time and Cost: Personal injury lawsuits can be lengthy and expensive, with no guaranteed outcome.

Alternative Options

If suing the uninsured driver is not viable or does not fully compensate your losses, consider these alternatives:

• Health Insurance: Your health insurance should cover medical expenses that exceed your PIP (Personal Injury Protection) and UM coverage.
• Collision Coverage: Your auto insurance's collision coverage may assist in covering some of the cost of repairs for your car.
• Massachusetts Assigned Claims Plan: In rare cases, you might qualify for compensation through the Massachusetts Assigned Claims Plan, which provides benefits to those injured in accidents involving uninsured or hit-and-run drivers.

Protecting Yourself from Uninsured Drivers

Although you have no control over other drivers' insurance coverage, you can take the following precautions to stay safe:

• Increase UM Coverage: Consider increasing your uninsured motorist coverage limits. Higher limits provide greater protection in the event of an accident with an uninsured driver.
• Maintain Comprehensive Insurance: Ensure your own auto insurance policy is comprehensive and up to date.
• Safe Driving: Practicing safe driving habits can reduce the likelihood of accidents.

Conclusion

Uninsured motorist coverage provides a crucial safety net, and filing a personal injury lawsuit remains an option, albeit with challenges. Consulting a knowledgeable personal injury attorney is essential to navigate these complexities and to maximize your chances of receiving fair compensation.

Brandon J. Broderick, Massachusetts Personal Injury Lawyer

There is no law requiring you to have a lawyer when filing a personal injury claim after an accident. However, working with an experienced Massachusetts personal injury attorney can make all the difference in the outcome of your case. Why risk being unfairly compensated and not having recourse to fix it? When you hire a personal injury lawyer from our team, you pay nothing upfront. We work on contingent fees only collected if we win your case. If we don’t win, you don’t pay.

With our proven track record of success with personal injury settlements and our commitment to client care, we can turn your setback into a comeback. Contact Brandon J. Broderick, Attorney at Law, for a free consultation.?

Contact us now for a free legal review.

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