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Hit by an uninsured driver in Massachusetts; now what?

On Behalf of | Sep 16, 2025 | Car Accidents

A crash with an uninsured or hit-and-run driver does not leave you without options in Massachusetts. State law requires every auto policy issued here to include uninsured motorist coverage, which means that, if you have auto insurance, you have UM coverage.

UM is designed for exactly this scenario: it steps into the shoes of the at-fault driver’s absent policy and pays legally recoverable damages up to your UM limits. There are mandatory UM coverages. Those limits must at least match the minimum bodily-injury requirements, but many drivers carry higher limits. Either way, the statute makes UM mandatory, so injured people are not left exposed when the other driver is.

What happens after the crash?

Right after the crash, your immediate lifeline is Personal Injury Protection. PIP pays reasonable medical expenses and certain related costs without regard to fault. The benefits generally available are up to $8,000 per person, which is coordinated with health insurance, when applicable.

That is why prompt notice to your insurer and early documentation of treatment matter. PIP is meant to keep bills from piling up while the liability picture develops. The governing statute requires policies to provide PIP, and state guidance explains how those dollar limits work in practice.

After the report

From there, claims typically proceed on two tracks. First, your PIP benefits pay first-party costs. And, second, your UM claim seeks full compensation for injuries caused by the uninsured motorist.

Fault still matters. Massachusetts applies a modified comparative-fault rule in which recovery is barred only if your negligence exceeds 50% and is otherwise reduced by your share of responsibility.

However, the crucial point is that a missing liability policy does not end your claim. Evidence, like medical records, photographs and witness accounts, remains essential, as do timely insurer communications and careful attention to any policy conditions.

Preserve everything, get treatment and open both the PIP and UM claims promptly. The statutes are built to protect Massachusetts drivers in precisely these circumstances.

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