Although Massachusetts law requires that every driver maintain a minimum level of motor vehicle insurance, the fact is that not every driver follows the law. Typically, if you are in an accident caused by another driver and you suffer injuries, you would look to that driver’s insurance policy for compensation. If the driver is uninsured, however, that compensation may not be available.
A Boston uninsured car accident lawyer may be able to explore alternative means of compensation for you in this situation. For help with filing an injury claim, be sure to get in touch with a well-versed car wreck attorney today.
Individuals who are injured in motor vehicle accidents caused by uninsured drivers often can look to their own uninsured motorist (UM) insurance policy for coverage. Massachusetts law requires that drivers maintain a minimum UM policy with $20,000 of coverage per person, $40,000 per accident, and $5,000 for property damage coverage. For individuals who are named insureds on their own UM policy, their only source of recovery is their own policy.
Likewise, individuals who do not have their own UM policies would be covered under the UM policy of the vehicle that they were occupying at the time of the accident.
Although it is possible in some circumstances for individuals to be covered by more than one UM policy, individuals can only claim benefits under one policy. However, if individuals are named insureds on more than one policy, and they are injured while riding as passengers in a vehicle that they do not own, then they may be covered by multiple UM policies. In this case, the injured individuals would only be able to claim benefits from the UM policy with the highest amount of coverage, but not from both policies. For more information, consult with an uninsured car accident lawyer in Boston.
Perhaps the most common situation in which UM coverage may be applicable is when individuals are injured in accidents caused by drivers who have failed to maintain UM coverage or any insurance coverage at all. Nonetheless, there are other situations that may also implicate UM coverage.
If individuals are injured in a car wreck caused by a hit and run driver who cannot be identified, then they can seek UM coverage under their own policies.
A Boston uninsured car accident attorney may be able to help injured individuals sort out the available coverage options in certain situations, which could potentially appear complicated.
Likewise, if individuals are injured in a crash caused by another person who was driving a stolen vehicle, UM coverage may be available. In this case, the UM policy that covers the vehicle likely would not provide coverage because the vehicle has been stolen and not authorized by use by the driver who caused the accident.
When an uninsured motorist causes an auto crash that results in injuries, injured individuals do have the option of suing the responsible motorist for damages through a personal injury lawsuit.
The likelihood, however, is that individuals who do not maintain minimum levels of motor vehicle insurance as required by law probably do not have assets from which to pay a personal injury award. Therefore, it may be difficult, if not impossible, to seek compensation from uninsured individuals through a personal injury lawsuit. For help with filing a claim, contact a knowledgeable lawyer.
When you have been injured in a car accident due to the negligence of another, you have the right to seek compensation for your losses. In the case of an uninsured driver, recovering compensation is not as straightforward as it would be with a driver who has at least a minimum insurance policy in place.
As you may have more than one potential avenue of recovery, consulting a Boston uninsured car accident lawyer for advice may be helpful.