Massachusetts Car Accident Lawyers in Franklin and Hyde Park
Hit and Run Accidents
Someone who is involved in a motor vehicle accident due to the fault of the driver of another vehicle who then leaves the scene of the accident has options on obtaining compensation for the injuries resulting from that accident. If the ownership of that other vehicle can be determined (such as by that vehicle's license plate number), a claim can be made under the insurance policy providing bodily injury coverage on that vehicle.
Uninsured Motorist Coverage
If, on the other hand, the identity of the other vehicle remains unknown, the owner of that vehicle is essentially considered to be uninsured. As such a claim can therefore be made for uninsured motorist benefits. Under Massachusetts law, all Massachusetts automobile insurance policies require uninsured motorist coverage of at least $20,000 per person and $40,000 per accident. Anyone who was injured in a hit and run accident and is making a claim for uninsured motorist benefits in order to be compensated for the injuries received in the accident would have to prove all of the elements that are required in order to prevail on a bodily injury claim . However, if a settlement cannot be reached with the responsible insurance company, an uninsured claim would be resolved through binding arbitration, whereas a bodily injury claim would be resolved through the filing of a law suit.
Alternative Insurance Policies
Depending on the specific insurance policies that are available, the claim for uninsured motorist benefits would be made against either the policy providing coverage on the vehicle which the injured person was occupying at the time of the accident, the policy on which the injured person is a named insured or the policy providing coverage to the injured person as an insured household member. Because the determination of the correct policy under which to make a claim for uninsured motorist benefits can be confusing and as there is a requirement that the injured person provide prompt notice to the insurance company of any such uninsured motorist claim, it is wise to consult with an experienced personal injury attorney immediately after a hit and run accident.
For more information or to schedule a free initial consultation with an experienced hit and run accident lawyer, please contact Yellin & Hyman today.
Call our Franklin office at 508-528-8885 or our Hyde Park office at 617-361-5310. You can also e-mail us to learn more about our legal services.