Approximately 8.8% of Massachusetts drivers operate vehicles without insurance. When an uninsured motorist causes an accident, you face a difficult situation. There is a possibility that the at-fault driver cannot cover your medical bills, lost wages, or vehicle damage through their insurance. However, Massachusetts law provides protection through uninsured motorist coverage. Peck Trial Attorneys helps accident victims in Boston handle uninsured motorist claims and pursue available compensation. Our team understands Massachusetts insurance law and works with you to explore available recovery options.

Why Choose Peck Trial Attorneys for Your Uninsured Motorist Claim

When an uninsured driver injures you, you need an attorney who understands both Massachusetts insurance law and how insurance companies operate. Peck Trial Attorneys has experience handling uninsured motorist claims throughout the Boston area. We work on a contingency fee basis, meaning you pay nothing upfront. We only collect a fee if we recover compensation for you. Our experienced legal team guides you through each step of the claims process, from filing your initial claim to negotiating with your insurance company or pursuing arbitration if necessary. We focus on your recovery while handling the legal process, so you can concentrate on healing. View our case results to see how we've helped other accident victims recover compensation.

What Is Uninsured Motorist Coverage in Massachusetts?

Uninsured motorist (UM) coverage applies when another driver causes an accident but has no insurance. Unlike Personal Injury Protection (PIP) coverage, which Massachusetts requires all drivers to carry, uninsured motorist coverage is also required in Massachusetts as part of every standard auto policy.

Massachusetts law sets minimum UM coverage at $25,000 for bodily injury per person and $50,000 per accident, which matches the state's current minimum bodily injury liability limits for injuries caused by an uninsured auto. Many drivers carry higher limits for additional protection. When you file a UM claim, your own insurance company may pay for medical expenses, a portion of lost wages, and other compensable damages caused by the uninsured driver, up to your policy limits and subject to policy terms and state law.

Underinsured motorist (UIM) coverage works similarly but applies when the at-fault driver has insurance that may not cover all your damages. For example, if another driver carries only the minimum bodily injury coverage but your injuries cost more to treat, your UIM coverage may help cover some of the difference, up to your policy limits. Both UM and UIM coverage provide financial protection in accidents involving drivers with insufficient or no insurance.

How Many Drivers in Boston Are Uninsured?

Approximately 8.8% of Massachusetts drivers operate without insurance. This is a rate that is lower than the national average of approximately 13% of uninsured drivers. In a city like Boston with heavy traffic and large numbers of daily commutes, the odds of encountering an uninsured motorist remain real.

These uninsured drivers create financial risk for everyone on the road. When an accident occurs, you cannot recover damages from their insurance policy because it doesn't exist. Without adequate UM coverage, you may need to pursue the at-fault driver's personal assets. A process that is often difficult and may yield limited results. This is one reason Massachusetts requires UM coverage and why carrying higher limits can make financial sense. If you've been injured in a Boston car accident, our attorneys can evaluate your coverage options.

Your Options for Recovering Compensation

If an uninsured motorist injures you, you have multiple pathways to recover compensation. Understanding each option helps you make informed decisions about your claim.

Claim Against Your Own UM Coverage

Your uninsured motorist coverage is designed for this situation. You report the accident to your insurance company and file a UM claim. Your insurer investigates the accident, reviews your medical records and expenses, and evaluates your claim. This process typically takes several weeks to several months, depending on the complexity of your injuries and the amount of damages involved. Your UM coverage may pay for covered medical expenses, a portion of lost wages, and other compensable damages up to your policy limits.

Pursue the At-Fault Driver's Assets

You can file a lawsuit against the uninsured driver directly and seek a judgment against them. However, this option comes with significant challenges. Even if you obtain a judgment, collecting from an uninsured driver is difficult. They may have few assets, limited income, or the ability to seek bankruptcy protection. Many accident victims find that pursuing this route yields limited recovery despite the time and expense involved.

File a Claim Against Household Vehicle Insurance

If the uninsured driver was operating a vehicle registered to someone else, you may be able to file a claim against that vehicle owner's insurance policy. This option depends on the specific circumstances and Massachusetts insurance laws. Your attorney can evaluate whether this avenue applies to your situation.

What Damages Can You Recover?

Massachusetts law allows you to recover several categories of damages in an uninsured motorist claim. Medical expenses form the foundation of many claims. This can include emergency room treatment, hospital stays, surgery, physical therapy, medications, and ongoing medical care related to your injuries. You may recover both past medical expenses and the cost of reasonably anticipated future treatment your injuries require, subject to policy limits and applicable law.

Lost wages represent another significant category of damages. If your injuries prevent you from working, you may claim the income you lost during your recovery period. For serious injuries that cause permanent disability, you may seek lost earning capacity. This is the difference between what you would have earned and what you can earn going forward.

Pain and suffering damages can compensate you for the physical pain, emotional distress, and reduced quality of life caused by your injuries, provided you meet Massachusetts tort thresholds and other legal requirements. Property damage to your vehicle is usually addressed through collision coverage or other applicable portions of your policy rather than UM bodily injury coverage.

Massachusetts law places some limitations and conditions on non-economic damages in certain situations, and your attorney can explain how these rules apply to your specific case.

The Claims Process: What to Expect

Understanding the claims process reduces uncertainty and helps you prepare for what comes next. The process typically unfolds in several main steps.

1. Report the accident to your insurance company. Contact your insurer as soon as possible after the accident. Provide details about what happened, the other driver's information if available, and any injuries you sustained. Your insurer will assign a claims adjuster to your case.
2. Gather evidence and documentation. Collect medical records, bills, pay stubs showing lost wages, photos of vehicle damage, the police report, and witness statements. The more thorough your documentation, the stronger your claim is likely to be.
3. Submit your claim. Provide all documentation to your insurance company's claims adjuster. Your attorney can help organize this information and help reduce the risk of missing key details.
4. Negotiate and discuss settlement. Your claims adjuster will review your documentation and may make an initial settlement offer. Your attorney negotiates on your behalf to seek a resolution that reflects your documented losses. Many claims settle at this stage.
5. Pursue arbitration or litigation if necessary. If you and your insurance company cannot agree on a settlement amount, you may pursue arbitration or, in some situations, court litigation depending on your policy terms and the dispute. An arbitrator typically hears both sides and issues a decision, which may be binding under the policy.

The entire process can take several months to over a year, depending on the complexity of your injuries, the development of your medical condition, and whether settlement negotiations resolve the claim early.

Massachusetts Laws That Protect You

Massachusetts has specific laws governing uninsured motorist claims. The state operates under a no-fault insurance system, meaning your own PIP coverage pays for certain medical expenses and a portion of lost wages regardless of who caused the accident, up to statutory limits.

Massachusetts requires all drivers to carry at least $25,000 in bodily injury coverage per person and $50,000 per accident for injuries caused by an uninsured auto, along with other minimum coverages. Uninsured motorist coverage is compulsory and generally must be offered at least in these minimum limits, with the option to select higher limits.

The statute of limitations for most personal injury claims in Massachusetts is three years. This means you generally have three years from the date of your accident to file a lawsuit if your UM claim does not resolve through settlement or other procedures. However, you should act promptly, as delays can make evidence harder to obtain and policy notice provisions may require earlier action.

If you and your insurance company cannot reach agreement on your UM claim, your policy may require arbitration. In many policies, arbitration decisions are binding, though the exact procedures depend on the specific policy language.

Hit-and-run accidents receive protection under Massachusetts law and standard policies. If an unidentified driver causes the crash, your UM coverage may apply if you report the accident to police and your insurance company promptly and otherwise comply with policy requirements.

Common Mistakes to Avoid

Protecting your claim requires avoiding several common pitfalls. Many accident victims accept their insurance company's first settlement offer without negotiation. Insurance companies often make low initial offers, anticipating that some claimants will accept quickly. An attorney can help evaluate your claim and negotiate for appropriate compensation based on the available evidence.

Failing to document your injuries properly can weaken your claim. Keep detailed records of all medical treatment, including dates, providers, diagnoses, and costs. Photograph visible injuries and note how your injuries affect your daily life and work.

Delaying your claim allows evidence to disappear and memories to fade. File your claim and notify your insurer promptly after the accident, and follow recommended medical treatment.

Social media posts about your accident can affect your claim. Insurance companies may review public posts and use them to challenge injury claims. Avoid discussing your accident or injuries online.

Avoid signing documents or accepting settlement offers without having an attorney review them. Insurance documents can contain complex terms that may affect your rights and future claims.

Frequently Asked Questions

What happens if I'm hit by an uninsured driver in Boston?

First, make sure everyone's safety is addressed and call 911 if anyone is injured. Report the accident to police and obtain a report. Seek medical attention even if you feel fine, as some injuries appear hours or days later. Then contact your insurance company to report the accident. Your uninsured motorist coverage may apply to compensate for medical expenses, a portion of lost wages, and other covered damages, subject to your policy and state law. An attorney can help you handle the claims process and communicate with your insurer.

Do I need uninsured motorist coverage in Massachusetts?

Massachusetts requires uninsured motorist coverage as part of every auto insurance policy, subject to limited options for written rejection or selection within required rules. While minimum limits apply, many drivers choose higher limits for additional protection. Without sufficient coverage, you may need to pursue the at-fault driver's personal assets, which can be difficult and may not fully compensate your losses.

How much can I recover from an uninsured motorist claim?

Your recovery is limited by your UM coverage limits and the extent of your damages. If you carry $50,000 in UM coverage, that is generally the maximum available under that portion of your policy, though other coverages may also apply. The amount you actually recover depends on documented losses such as medical expenses, lost wages, and other damages established through evidence and negotiations or adjudication.

What's the difference between uninsured and underinsured motorist coverage?

Uninsured motorist coverage applies when the at-fault driver has no insurance or in qualifying hit-and-run situations. Underinsured motorist coverage applies when the at-fault driver has insurance but their coverage limits may not fully cover your damages. UIM coverage may help cover some of the remaining losses up to your policy limits, depending on policy language and Massachusetts law.

How long do I have to file an uninsured motorist claim?

You generally have three years from the date of your accident to file a lawsuit for personal injury in Massachusetts. However, you should notify your insurance company as soon as possible after the accident, as policy notice requirements may be shorter and failing to comply can affect coverage.

Will my case go to court or be settled?

Many uninsured motorist claims resolve through settlement or arbitration rather than a full court trial. If you and your insurer cannot agree on a value, arbitration is often required by the policy, and the arbitrator's decision may be binding. Some disputes may proceed to court depending on the circumstances and legal issues involved.

What if the uninsured driver caused a hit-and-run accident?

Hit-and-run accidents are typically addressed under your UM coverage even if the driver is not identified, provided you report the accident promptly and comply with policy requirements. Your coverage may apply to injuries and related losses, such as medical expenses and a portion of lost wages, up to your policy limits.

Contact Peck Trial Attorneys for Your Free Consultation

If an uninsured motorist has injured you in Boston, you do not have to handle the claims process alone. Peck Trial Attorneys offers a free consultation to discuss your situation and explain your options. We work on a contingency fee basis, meaning you pay nothing upfront. We only collect a fee if we recover compensation for you.

Call 857-557-7325 today to schedule your free consultation. Our team is ready to assist you in pursuing compensation available under your policy.