What Happens If You’re Hit by an Uninsured Driver in Massachusetts?

Being involved in a car accident is stressful enough. When you find out the other driver doesn’t have insurance—or disappears in a hit-and-run—the situation becomes even more overwhelming.

 

Although Massachusetts requires drivers to carry minimum levels of auto insurance, including compulsory bodily injury to others and uninsured motorist coverage, some people still drive without proper coverage. When that person causes a crash, getting your medical bills, lost income, and vehicle damage paid for becomes more complicated—but you still have options.

 

As a Massachusetts car accident attorney, Attorney Chris Fiorentino of Fiorentino Legal, P.C. helps injured people navigate these exact situations and fight for the compensation their policies and the law provide.

Step One: Protect Your Health and Your Case

In the moments after a crash, it’s easy to feel shaken and unsure what to do next. Your priority should always be safety and documentation.

1. Call 911 and request police and medical help if needed.
Even if you think your injuries are “minor,” adrenaline can mask symptoms. A police report is also one of the key documents you’ll need later when dealing with insurance companies.

2. Gather as much information as you safely can.

• The other driver’s name and contact information

• Vehicle make, model, color, and license plate

• Any statements they make (including if they admit they don’t have insurance)

• Names and contact info for witnesses

3. Take photos and videos.
Use your phone to document:

• Damage to all vehicles

• The positions of the cars

• Road and weather conditions

• Skid marks, debris, traffic signs, and signals

• Any visible injuries

Even if the other driver tells you “I don’t have insurance,” document that. Your future claim may depend heavily on what you can show—not just what you can say.

4. Report the crash to your insurance company promptly.
Massachusetts is a “no-fault” state for certain medical benefits, but fault still matters a great deal for other parts of your claim. The sooner your insurer knows about the crash, the sooner they can begin looking at your coverage—including uninsured motorist benefits.

How Your Own Massachusetts Policy Can Step In

When an uninsured driver causes a crash, your policy is often the primary source of recovery.

Most Massachusetts drivers carry:

• Personal Injury Protection (PIP) – Helps pay medical bills and a portion of lost wages, regardless of who was at fault, up to the limits of your coverage.

• Uninsured Motorist (UM) Coverage – Required in Massachusetts, UM coverage is specifically designed for situations where the at-fault driver has no insurance or in some cases, in hit-and-run scenarios. It can help cover bodily injury losses.

• Underinsured Motorist (UIM) Coverage – If the at-fault driver has insurance but not enough to cover your damages, UIM can help bridge the gap.

• Collision Coverage – Optional coverage that can pay to repair or replace your vehicle, regardless of fault (subject to your deductible).

Every policy is different, and the insurance company is not going to walk you through every possible benefit they might have to pay. That’s where a lawyer like Attorney Fiorentino can step in to make sure the language in your policy is used for you, not against you.

When Insurance Isn’t Enough: Considering Legal Action

Sometimes, even after your PIP and UM/UIM benefits are applied, there may still be significant unpaid losses—especially if you’ve suffered serious injuries, permanent limitations, or long-term lost earning capacity.

In some cases, it may make sense to:

• Pursue a claim directly against the uninsured driver, and/or

• Pursue additional recovery from your own underinsured/uninsured motorist coverage

However, suing an uninsured driver only makes sense if they have assets or income that can realistically satisfy a judgment. Many uninsured drivers are judgment-proof, which is why it’s crucial to first analyze all potential insurance coverage available to you.

Before you make any decision about filing a lawsuit, it’s wise to talk to a Massachusetts car accident attorney who regularly handles these issues. Attorney Fiorentino can:

• Review the police report and your medical records

• Examine your auto insurance policy line by line

• Determine whether additional insurance policies may exist (for example, through a household member)

• Advise whether a lawsuit is practical and in your best interest

Hit-and-Run Crashes: When the Driver Disappears

A hit-and-run crash—where the at-fault driver flees and is never identified—often functions much like an uninsured motorist case.

If you’re involved in a hit-and-run in Massachusetts:

1. Call the police immediately and report the incident.

2. Document everything you can remember about the vehicle (color, make, model, partial plate), the direction it fled, and any witnesses.

3. Notify your insurance company as soon as possible. Many policies have specific requirements and deadlines for hit-and-run and uninsured motorist claims.

Your uninsured motorist coverage may apply in this situation, but insurers often scrutinize hit-and-run claims very closely. Having an attorney involved early can help you avoid missteps that the insurance company might later try to use to deny or limit your claim.

Why Having a Massachusetts Car Accident Attorney Matters

Accidents involving uninsured or hit-and-run drivers tend to be more complicated, not less. You may be dealing with:

• Confusing policy language

• Conflicting explanations from adjusters

• Pressure to accept a quick settlement that doesn’t cover your long-term needs

Attorney Chris Fiorentino can help you by:

• Handling communication and negotiations with your insurance company

• Ensuring your claim is filed correctly and on time

• Coordinating medical records and documentation of lost wages

• Evaluating whether additional claims or legal action make sense in your situation

• Fighting for every dollar of compensation your policy and the law allow

While no lawyer can guarantee a result, having someone who appears in Massachusetts courts several times a week, who understands how local insurers operate, and who is prepared to take a case to trial if necessary can make a real difference.

Talk to Attorney Chris Fiorentino About Your Uninsured Motorist Claim

If you’ve been hit by an uninsured driver—or injured in a hit-and-run crash— you don’t have to figure this out alone.

Contact Attorney Christopher Fiorentino at Fiorentino Legal, P.C. to discuss your options.

A short conversation can help you understand your rights, your coverage, and your next steps—so you can focus on healing while someone else focuses on the fight.