Hey, everyone. Anthony Riccio here, founding attorney of Riccio Law, a personal injury and criminal defense law firm with offices in Quincy and Attleboro, Massachusetts. The answer to that question, whether or not you can sue an uninsured driver after a motor vehicle accident in Massachusetts, is yes. You can sue someone after a car accident in Massachusetts, even if the driver of the other car who’s at fault does not have car insurance. With that being said, suing that individual is often not the best route to take. The reason being is, even if you’re successfully suing them and a court awards you monetary damages, the question becomes or the issue becomes whether or not that individual has the ability to pay the money that was awarded to you. Oftentimes, that person simply cannot pay. And in that situation, you likely will not see the money, even if you were successful with a lawsuit in court.
So, the question becomes, well, what do I do if I get in a car accident in Massachusetts and the other driver who’s at fault does not have car insurance? Probably the best option is to file an uninsured motorist claim against your car insurance or auto insurer. It is required by law in Massachusetts that motorists have car insurance. Now, with that being said, not everybody does. Some people choose to ignore the law, and sometimes you may find yourself in a situation where you get in a car accident with an out of state driver, and maybe the state that that driver’s form does not require car insurance. So, in situations where that happens, you can file an uninsured motorist claim against your own auto insurer.
And that uninsured motorist coverage is required with every car insurance policy in Massachusetts. So, long as you have car insurance in Massachusetts, you do have some protection if you are or find yourself in a car accident with a driver who does not have car insurance coverage. Now, each policy varies in the amount of coverage that it offers, so your own policy will dictate the amount of coverage you may be able to obtain if you find yourself in a situation where the driver is at fault in a car accident does not have car insurance. So, if you do find yourself in that situation where you have any questions regarding a potential personal injury claim involving a car accident or of any other nature, feel free to reach out to my office and me, and I’d be happy to meet with you or answer any questions that you have about a potential claim.
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