What to Do if the At-Fault Driver Doesn’t Have Insurance
Despite the fact that it is against the law, hundreds of drivers in Massachusetts drive without insurance every day. If you get involved in a car accident with an uninsured or underinsured driver, the process for recovering financial compensation for your medical expenses and property damage repairs will look different than in an ordinary car accident case. Take the following steps after a collision involving an uninsured driver.
Do Not Admit Fault
Even if you believe that you caused or contributed to the car accident, do not admit fault to the other driver. Admitting fault will automatically place legal and financial responsibility, or liability, with you. There may be other factors at play that you are unaware of, such as the other driver’s comparative fault or a roadway defect. Do not apologize to the other driver, either, as this can be construed as an admittance of guilt.
Call the Police
If you find out that the other driver does not have car insurance, remain calm and immediately call the police. Notifying the police is a legal requirement in Massachusetts after any car accident that causes injuries, deaths or more than $1,000 in property damage to a single vehicle. Even if your crash is minor, however, you should involve the police if the other driver is uninsured.
Calling the police can lead to a ticket against the other driver for breaching Massachusetts’ insurance requirements. The driver may have his or her driver’s license suspended until the driver obtains insurance. Getting a police accident report can also strengthen your ability to recover financial compensation, as it will contain important facts and information about the crash that your insurance company can use to investigate the claim.
Contact Your Own Car Insurance Company
There are fault and no-fault insurance states. Massachusetts is a no-fault state. Under this state law, all drivers who suffer injuries or property losses in vehicle collisions will file first-party insurance claims with their own insurance companies, regardless of fault for the crash. In a fault state, on the other hand, the person or party that causes the vehicle collision is liable for related injuries and losses.
All drivers in Massachusetts must carry minimum required amounts of bodily injury liability insurance for uninsured and underinsured motorist accidents. This type of insurance will pay for your injuries and related losses after a crash involving an uninsured driver, up to your coverage limits. In Massachusetts, personal injury protection (PIP) insurance is also required, which can pay for your injuries and medical bills after an accident whether or not you caused the crash.
Call your own car insurance company to file a claim as soon as you can after a car accident involving an uninsured driver. Give the insurance company your police report number and any requested details about the crash. Explain that you need to file a first-party claim for a car accident involving a driver who does not have insurance.
Discuss Your Rights With a Car Accident Attorney
In the event that you do not have enough first-party car insurance to fully cover your past and future medical costs, property repairs, lost wages, and other losses, you may need to file a lawsuit against the other driver or a third party for supplemental coverage. Most drivers who drive without insurance do not have the funds or assets to pay for a car accident. There may be a third party that is financially responsible for your collision, however, such as a vehicle manufacturer or the government.
Contact a Lowell car accident attorney as soon as possible after getting into an accident where the at-fault driver doesn’t have insurance. An experienced car accident attorney can help you with the claims process, including investigating the crash and negotiating with your car insurance company for first-party coverage. Your lawyer can guide you and your family through the claims process to make it as easy as possible to recover financial compensation after a crash involving an uninsured driver.