Most of the time, getting hurt in an automobile accident seems like the worst case scenario. Adding salt to the wound would be telling the injured person that the driver or car that hit you didn't have insurance. Now what? If you have Massachusetts automobile insurance, your policy will cover certain bodily injuries caused by an uninsured automobile. In this blog post, we'll talk about what is covered, who is covered, and the manner in which your company will pay you.

First, there are three situations in which Uninsured Coverage will apply:

  1. The legally responsible party who caused the collision does not have automobile insurance;
  2. The legally responsible party who caused the collision leaves the scene of the accident without giving any (or enough) information;
  3. The company that insured the legally responsible party who caused the collision becomes insolvent and cannot pay you.

Simply, if someone else is legally responsible for an accident, causes bodily injury to you, and either leaves the scene or does not have insurance, your company will pay for your injuries under this type of coverage.

Next, there are four classes of people who will be able to recover:

  1. The insured person will be able to recover, whether in his/her own car, in another's car, or as a pedestrian;
  2. Any of your "household members," defined as someone who lives with you who is related by blood, marriage, or adoption, including step-children or foster children;
  3. Anyone who is in your car who doesn't have his/her own automobile insurance policy, or who isn't a household member of someone with a policy;
  4. Anyone else for damages he or she is entitled to recover because of injury to a person covered under this part.

So, you, your family, and those in your car will be eligible to receive benefits should you or they need them, even if the person who injured you got away.

Finally, we have some of the technicalities:

  1. There is an arbitration clause in this part, meaning any dispute will not be able to heard in court; it will have to go to arbitration;
  2. The limits to recover are the same 20/40 limits that was addressed in our blog post talking about compulsory insurance, except that you can (and should) buy higher optional limits;
  3. Your company won't pay if you're using your car as a taxi, if someone is using your car without your consent, or the driver is street racing;
  4. There may be more than one insurance policy that has potential applicability to your accident. The order of applicability is counter-intuitive and unique to this type of coverage. You must give notice of the claim to the proper insurer, and there is a good chance you will pick the wrong one.

In sum, the moral of this story is that if you think you shouldn't consult a lawyer if you're in an automobile accident with an uninsured vehicle, you are mistaken. The lawyers at Marcotte Law Firm have successfully handled cases against uninsured vehicles and motorists, getting injured parties the benefits they deserve. Call us for your free consultation before it's too late.