Hit-and-Run Accident Lawyer in Massachusetts

Hit-and-Run Accidents in Massachusetts

A hit-and-run accident, where the at-fault driver flees the scene without stopping to provide identification or assistance, creates a serious legal challenge: the responsible party is unknown or cannot be located. Massachusetts law criminalizes leaving the scene of an accident, and hit-and-run drivers face serious criminal penalties. But for the injured victim, the immediate practical problem is pursuing compensation when the at-fault driver cannot be found. Attorney Jeffrey C. Lavey represents hit-and-run accident victims throughout Massachusetts and pursues every available avenue of recovery.

Uninsured Motorist Coverage as the Primary Resource

Your own auto insurance policy’s uninsured motorist (UM) coverage is typically the primary source of compensation after a hit-and-run accident. Massachusetts treats unidentified hit-and-run drivers as uninsured drivers for UM coverage purposes. Your UM insurer steps into the position of the unidentified driver and pays for your injuries up to your UM policy limits. Massachusetts law and most auto insurance policies require that the hit-and-run accident be reported to police promptly and that your insurer be notified within a specific period to preserve UM coverage.

Reporting Requirements and Time Limits

Prompt action is essential after a hit-and-run accident. Report the accident to police as soon as possible. Obtain a police report number. Notify your auto insurance company of the accident and of your intent to make a UM claim within the notification period specified in your policy. Failure to comply with these procedural requirements can jeopardize your UM coverage claim. Attorney Lavey advises hit-and-run accident clients on all procedural requirements and ensures they are met.

Investigating Hit-and-Run Accidents

While many hit-and-run drivers are never identified, investigation can sometimes lead to identification: traffic and security camera footage from the accident area and surrounding businesses, witness observations of the fleeing vehicle including description and partial plate information, paint transfer and debris at the scene from the fleeing vehicle, and law enforcement investigation using traffic camera systems can all contribute to identifying the responsible driver. Attorney Lavey works with investigators to pursue identification of hit-and-run drivers and advises clients on the evidence they can collect at the scene.

When the Hit-and-Run Driver Is Later Identified

If the hit-and-run driver is subsequently identified, through investigation, witness identification, or law enforcement investigation, a direct claim against that driver and their insurance becomes available. This claim may be pursued alongside or instead of the UM claim depending on the timing and coverage available. Attorney Lavey coordinates the transition from a UM claim to a direct claim when the responsible driver is later identified.

Frequently Asked Questions