Boston Uninsured Driver Car Accident Lawyer
Getting compensated for the damages and losses caused by a car wreck usually means going through an insurance company. This becomes a confusing process when the other driver doesn’t have insurance, however. Find out how to get your settlement by speaking with a Boston uninsured driver car accident lawyer.
Even though Massachusetts is a no-fault state for car insurance, crashes that result in serious injuries often amass more expenses and losses than what the typical driver’s personal injury protection (PIP) will cover. In these situations, you would normally be able to go beyond the no-fault system and seek additional compensation from the at-fault driver and his or her insurance.
However, what do you do when the other driver either doesn’t have insurance or is underinsured? This is a difficult situation to be in, but there are a few options for getting a fair settlement available to you. A Boston uninsured driver car accident lawyer from Joel H. Schwartz, PC can help you determine which situation will yield the best result for your case.
Sometimes, you get into an accident with an uninsured at-fault driver. While the law requires every car on the road to have insurance in Massachusetts, people do not always follow the rules. There are other scenarios where there is no coverage, such as a hit-and-run accident. In that case, the car takes off and you have no one to go after. Another example is a stolen vehicle. That car may have insurance, but the insurance company can deny coverage because the driver had no authority to drive that car.
While all hope may seem lost in these scenarios, this is not the case.
In Massachusetts, you’re required to have an uninsured driver provision as part of your car insurance policy. The good news is that every car on the road in Massachusetts has this coverage. When the at-fault party does not have insurance (because coverage lapsed, it was a hit-and-run, or it was a stolen vehicle), you can still make the same pain and suffering claim through your own policy . . . and your premium does not increase when you use this uninsurance coverage as you have paid for it and are entitled to it!
Essentially, the law says that it is not your fault that the other party does not have insurance (which is the law) and that you are an innocent victim here. Your policy steps in and allows you to make that claim for damages and injuries through uninsurance.
If you do not own a car, don’t fret! You can use a car policy of a spouse or blood relative that lives with you.
And if you don’t have that, you can STILL make an uninsured claim through the car insurance of the car you were in during the accident.
Your attorney can help you sort through all the scenarios to figure out your best course of action.
You might think that you can trust your insurer to treat you fairly, but unfortunately, this is not the case. Any insurer—even your own—will try to pay you the bare minimum they can get away with. How much and what an uninsured driver policy will cover varies from policy to policy, but an experienced personal injury attorney will make certain that you get the most out of your plan.
While drivers are required to have insurance before getting behind the wheel, some choose plans that only meet the minimum amount required by state law: $20,000. The medical care and lost wages caused by a serious injury can easily exceed this amount, leaving you in need of further funds.
If you have an underinsured driver policy included in your plan, you can file a claim with your insurance in order to get additional compensation. This will allow you to first collect from the at-fault driver up to his or her policy limits and then receive more compensation from your own policy.
However, just like with an uninsured driver policy, your insurance will try to limit what they pay you, making it important that you have a Boston underinsured driver car accident lawyer on your side to keep them honest.
Filing a Personal Injury Claim
In the event of an uninsured driver, you also have the option to file a personal injury claim against him or her directly. Unfortunately, the driver may not have enough financial reserves or property to make this a worthwhile venture, hence why he or she didn’t have insurance in the first place.
Your attorney will help you investigate this possibility and determine whether it is a viable course of action.
Consult a Boston Auto Wreck Attorney
A car crash with a driver who either doesn’t have insurance or doesn’t have enough insurance can create some extremely confusing scenarios when it comes to seeking financial compensation for your injuries. To find out what your best option is, arrange a time to speak with a capable auto collision attorney from Joel H. Schwartz, PC by calling 1-800-660-2270 or by completing the form below.