While there’s nothing pleasant about being involved in an accident, there is often peace of mind in knowing that if you are involved in an accident caused by another party that’s serious, the other party’s insurance company will pay for your losses. But what happens if the other party doesn’t have insurance and they’re at fault for your crash? Here’s what you should know about uninsured and underinsured accidents in Massachusetts and your rights after a crash—

What Happens After a Car Accident When the Other Driver Doesn’t Have Insurance?

All drivers in Massachusetts are required to carry insurance, but that doesn’t mean that all drivers do carry insurance. So if you’re involved in a crash with an uninsured or underinsured driver, who will pay for your damages?

Massachusetts maintains a no-fault insurance system for non-severe accidents. This means that after an accident, regardless of fault, each driver is responsible for filing a claim against their own insurance policy’s Personal Injury Protection (PIP) coverage. This means that if you’re hit by an uninsured/underinsured driver, you’ll file a claim against your own insurance regardless of fault.  However, liability may affect the amount of the claim – if any.  Only if your injuries are severe can you step outside of the no-fault system.

Can I File a Lawsuit Against the At-Fault Driver?

In the event that your claim meets the serious injury threshold defined by the state of Massachusetts, you may have grounds to file a claim against the other driver. However, keep in mind that if the other driver doesn’t carry insurance or enough insurance to pay for your losses, filing a personal injury suit may not yield a large value of compensation. Instead, it will likely make more sense to file a claim against your own policy’s uninsured/underinsured coverage. This type of insurance pays for losses caused by another party in the event that the party doesn’t have insurance or doesn’t have enough insurance. 

The Role of an Attorney in an Uninsured/Underinsured Accident Claim

Navigating uninsured/underinsured motorist claims can be complex. You may be unsure of against whom to file a claim and whether you should file a lawsuit for damages. What’s more, your own insurance company may put up a fight when it comes to paying you the amount you’re owed. When you work with a personal injury attorney who is experienced in car accident and insurance laws, your attorney can help you to negotiate your claim, prove damages, and understand the complex language of your policy. 

Call Tetzel Law, LLC Today 

At the office of Tetzel Law, LLC, our Massachusetts car accident attorney understands that the only thing more frustrating than being involved in a car accident is being involved in a car accident caused by an uninsured or underinsured motorist. For help getting the settlement you deserve, reach out to our law firm directly online or at (617) 742-1700. We offer free consultations.