What If the At-Fault Driver Has No Insurance in Massachusetts?

You did everything right. You carried insurance, followed the rules of the road, and then another driver caused a serious crash.

Then you find out they do not have insurance.

For people injured in car accidents in Springfield and throughout Western Massachusetts, this can be alarming. Medical bills may already be arriving, you may be unable to work, and your vehicle may need thousands of dollars in repairs. It is natural to wonder who will pay if the person responsible for the accident has no insurance.

Fortunately, an uninsured at-fault driver does not automatically mean you are left without options. Massachusetts auto insurance includes protections specifically designed for this situation.

Uninsured Motorist Coverage in Massachusetts

Massachusetts requires private passenger auto policies to include Bodily Injury Caused by an Uninsured Auto, commonly called uninsured motorist or UM coverage.

For policies issued or renewed on or after July 1, 2025, the compulsory minimum is $25,000 per injured person and $50,000 per accident.

This coverage may apply when you are injured by a driver who does not have automobile insurance.

It can also apply in certain hit-and-run situations where the driver responsible for the crash cannot be identified. Massachusetts describes this compulsory coverage as protection for injuries caused by an uninsured or unidentified driver.

Instead of relying solely on the uninsured driver’s nonexistent policy, you may be able to seek compensation through your own uninsured motorist coverage.

What Can Uninsured Motorist Coverage Pay For?

Uninsured motorist coverage is primarily designed to address bodily injury, not simply damage to your vehicle.

Depending on the circumstances of the accident, an uninsured motorist claim may involve compensation related to serious injuries and the losses resulting from those injuries.

This can make UM coverage especially important after accidents involving:

• Emergency medical treatment
• Ongoing doctor or specialist visits
• Physical therapy
• Lost income
• Serious or permanent injuries
• Pain and suffering
• Long-term limitations caused by the crash

The exact amount available will depend on your policy limits, the circumstances surrounding the accident, who qualifies as an insured under the policy, and the extent of your damages.

What About Your Medical Bills?

Massachusetts is a no-fault auto insurance state, which means another driver’s lack of insurance does not necessarily determine how your initial accident-related medical expenses are handled.

Most Massachusetts private passenger auto policies include Personal Injury Protection (PIP). PIP can provide benefits of up to $8,000 per person for covered losses associated with an auto accident, although coordination with health insurance and other rules can affect how those benefits are paid.

That means your own coverage may begin paying certain accident-related expenses even before the uninsured motorist portion of the case is resolved.

When injuries are significant, however, PIP benefits may represent only a small portion of the financial losses caused by the crash.

Will Uninsured Motorist Coverage Pay to Repair My Car?

Not necessarily.

One of the most important distinctions after an uninsured driver accident in Massachusetts is the difference between coverage for your injuries and coverage for damage to your vehicle.

The state’s compulsory uninsured motorist coverage is bodily injury coverage. Vehicle damage may instead be handled through collision coverage if you purchased it.

Collision coverage is optional in Massachusetts and generally pays for damage to your vehicle resulting from a collision regardless of who caused the accident.

If you do not have collision coverage, recovering the cost of repairing or replacing your vehicle can become considerably more difficult when the responsible driver is uninsured.

It may sometimes be possible to pursue the driver personally, but whether that is practical will depend on the driver’s financial circumstances and other factors.

What If the Other Driver Has Insurance, But It Is Not Enough?

An uninsured driver and an underinsured driver are not the same thing.

An uninsured driver has no applicable liability insurance.

An underinsured driver has insurance, but the available coverage is not sufficient to compensate you fully for a serious injury.

Massachusetts drivers can purchase optional underinsured motorist coverage, which is intended to provide additional protection when an at-fault driver’s available insurance is inadequate.

This can become extremely important in crashes involving:

• Traumatic brain injuries
• Spinal injuries
• Broken bones
• Permanent disability
• Significant lost wages
• Long-term medical treatment
• Fatal injuries

A serious accident can create losses far beyond the minimum amount of liability insurance another driver carries.

That is why reviewing both uninsured and underinsured motorist limits before an accident occurs can be an important part of protecting yourself and your family.

Does a Hit-and-Run Driver Count as an Uninsured Driver?

Potentially, yes.

Massachusetts uninsured motorist coverage specifically provides protection for injuries caused by certain unidentified or hit-and-run drivers.

This can be critical when a driver:

• Hits your vehicle and leaves the scene
• Forces you off the road and disappears
• Strikes you while you are walking or cycling and flees
• Cannot be identified after causing a serious collision

These cases can present additional evidence issues, so documenting what happened immediately after the accident is particularly important.

What Should You Do After Being Hit by an Uninsured Driver?

Finding out the other driver is uninsured should not change the basic steps you take after a serious crash.

First, call the police and make sure the accident is documented. Obtain the other driver’s information if possible, even if they claim they do not have insurance.

Take photographs of the vehicles, damage, roadway, skid marks, traffic signals, and surrounding area. Obtain contact information from witnesses and seek medical attention for any injuries.

You should also notify your insurance company promptly.

Massachusetts requires an operator crash report when an accident results in an injury, a death, or more than $1,000 in damage to any one vehicle or other property. When required, the report generally must be filed within five days.

Most importantly, do not assume that because you are dealing with your own insurance company there cannot be a dispute.

An uninsured motorist claim can still involve questions about fault, the severity of your injuries, medical treatment, available policy limits, and the amount of compensation owed.

Why Your Auto Insurance Policy Matters More Than You Think

After an accident, many people know they have “full coverage” but have never examined the individual limits listed on their declarations page.

That can become a problem after a serious crash.

The compulsory Massachusetts uninsured motorist minimum provides an important baseline of protection, but $25,000 may not go very far when an accident results in hospitalization, surgery, months away from work, or permanent injuries.

Drivers may have the option to purchase higher uninsured motorist limits, and Massachusetts insurance rules provide for higher UM limits up to the bodily injury liability limits of the policy.

Reviewing those limits before you need them can make a significant difference after a severe accident.

When Should You Contact a Car Accident Lawyer?

An uninsured driver accident can quickly become more complicated than a standard insurance claim.

Consider speaking with an attorney when:

• You suffered significant injuries
• The insurance company disputes who caused the crash
• Your injuries prevent you from working
• The driver fled the scene
• Multiple insurance policies may apply
• Your insurer disputes the value of your injuries
• You are unsure whether uninsured or underinsured motorist coverage applies

An attorney can review the applicable insurance policies, investigate the crash, document your damages, and determine which sources of compensation may be available.

Injured by an Uninsured Driver in Western Massachusetts?

Being struck by someone who ignored Massachusetts insurance requirements can make an already difficult accident even more frustrating. But the other driver’s lack of insurance does not necessarily eliminate your ability to recover compensation.

Your own auto insurance policy may provide important protections through PIP, uninsured motorist coverage, underinsured motorist coverage, collision coverage, or a combination of available benefits.

Facchini & Facchini, P.C. represents people injured in motor vehicle accidents throughout Springfield and Western Massachusetts. If you were hurt by an uninsured or underinsured driver, contact our team for a free consultation to discuss the accident, your insurance coverage, and your legal options.