What to Do If You’re Hit By an Uninsured Driver

Medical bills after a car accident can get expensive quickly. If you are injured in an accident, you may be entitled to compensation, especially if the accident was not your fault. 

Massachusetts is a no-fault state, meaning that your own insurance typically covers medical bills or damages after a car accident. But, that does not mean you are not entitled to compensation. If you suffered injuries because of an uninsured driver, you may file a lawsuit to cover medical expenses. Consult with your car accident lawyer to determine how to proceed after an accident. 

Car Accident with an Uninsured Driver. Now What?

So, you just got into a car accident with an uninsured driver. The first thing you should do is seek medical attention immediately. Even for minor injuries, you may not experience pain right away. Head injuries especially may worsen over time, leading to serious health conditions including post-concussion syndrome or cognitive difficulties. In addition, the medical reports serve as evidence should you choose to file a lawsuit. 

Other forms of evidence include:

• Witness statements
• Police reports
• Photos from the scene of the accident 

Contact your attorney as soon as possible following an accident to ensure that you have everything you need to seek legal action, or defend yourself. 

Can an Uninsured Driver Drive an Insured Car?

It is illegal in Massachusetts to operate a vehicle without insurance. The driver of an insured car must be listed on the policy. If they are not, they risk both legal action and claim denials after an accident. Car insurance policies cover all drivers listed under the policy, as these are the drivers operating the vehicle with proof of the owner’s permission. 

Driving without insurance is considered a civil motor vehicle infraction (CMVI). Massachusetts requires all drivers to carry minimum amounts of insurance in case of an incident. Those who fail to do so risk penalties or even jail time. Law enforcement officers have the right to ask for proof of insurance during a traffic stop or at the scene of a car accident. 

What Happens If an Uninsured Driver Hits You?

If an uninsured driver hits you in Massachusetts, you may file an uninsured motorist (UM) claim with your insurance company. However, UM coverage may not fully cover your losses. Car damage, medical expenses, and pain and suffering are all types of compensation a victim may seek. 

Consult with your attorney about filing a lawsuit against an uninsured driver to assess your options with a legal expert. Bonville & Howard Attorneys at Law offers free consultations to those seeking compensation for their car accident injuries. 

What If an Uninsured Driver Is Hit By an Uninsured Car?

Victims of car accidents are not abstained from auto insurance laws in Massachusetts. If an uninsured car is hit by another vehicle, a police officer has the right to ask for the victim driver’s proof of insurance too. Although their vehicle was hit, they are still required by law to have valid auto insurance, showing that the vehicle and the driver are insured. Both the driver who hit another car and the driver of the car that was hit are at risk of penalties and jail time if they are uninsured. 

In these cases, there is also a risk of receiving less or no compensation for injuries. Lawsuits where victims seek medical compensation from the other driver require a judge or jury to determine who was at fault for an accident. Even if the other driver was at fault, the case may be dismissed if the victim driver was uninsured, as that makes it less straightforward to determine who is at fault. Being uninsured and driving a vehicle is a liability to other drivers on the road. This will play into a lawsuit filed against the “at-fault” driver.  

Are you ready for legal representation? Bonville and Howard Attorneys at Law consists of a team of experienced car accident lawyers ready to defend you and help you seek the compensation you deserve for your personal injuries. 

 

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