Hit and Run Accident Massachusetts

Reviewed by Chris Murphy, Esq., Scalli Murphy Law, P.C. · Updated July 2026

Hit and Run Accident Massachusetts: Your Legal Rights

Few things are more frightening than being struck by a vehicle whose driver immediately flees the scene. You are left injured, shaken, and wondering how you will pay for medical treatment when you have no idea who hit you. A hit and run accident in Massachusetts presents unique legal challenges because the at-fault driver may never be identified. The good news is that Massachusetts law provides several paths to compensation even when the driver who struck you disappears.

How Common Are Hit and Run Crashes in Massachusetts?

Massachusetts records more than 100,000 motor vehicle crashes per year, and hit and run collisions are a persistent problem in the greater Boston area. Nationally, the AAA Foundation for Traffic Safety reports that a hit and run collision occurs approximately once every minute, and these fatalities have been increasing at a rate of 7.2% per year.

The victims are disproportionately vulnerable road users. According to the AAA Foundation for Traffic Safety, nearly 65% of people killed in hit and run collisions are pedestrians and bicyclists. Fleeing drivers account for roughly 20% of all pedestrian crash fatalities and more than 5% of all traffic deaths.

Recent Massachusetts cases illustrate the severity of the problem. In Springfield in 2024, a driver was accused of drag racing at 70 miles per hour and killing a pedestrian, facing up to 10 years in state prison. In January 2026, a driver was charged with murder in Boston’s Back Bay after allegedly intentionally striking a 79-year-old man and fleeing. And a four-year-old child was killed by a hit and run driver in Hyde Park.

Criminal Penalties for a Hit and Run Accident in Massachusetts

Massachusetts takes leaving the scene of a crash seriously. Under M.G.L. c. 90, Section 24, the law imposes three tiers of criminal penalties based on the severity of harm caused.

Property Damage Only: Section 24(2)(a)

When a driver leaves the scene of a crash that caused only property damage, the offense is classified as a misdemeanor. Penalties include a fine of $20 to $200, imprisonment of 2 weeks to 2 years, or both, plus a 60-day license suspension.

Personal Injury: Section 24(2)(a1/2)(1)

When the crash causes personal injury, the penalties increase: 6 months to 2 years in a house of correction, a $500 to $1,000 fine, and a 1-year license suspension. Critically, no continuance without a finding is allowed for this charge, meaning the driver cannot avoid a conviction through the plea arrangement commonly used for first-time offenders.

Death: Section 24(2)(a1/2)(2)

When a hit and run crash results in death, the driver faces the most severe penalties: 1 to 2.5 years in a house of correction or 2.5 to 10 years in state prison, a fine of $1,000 to $5,000, a 1-year mandatory minimum sentence, and a 3-year license suspension. Additional charges may apply, including motor vehicle homicide under Section 24G (up to 15 years in state prison when OUI is involved, plus a 15-year license revocation) and manslaughter under M.G.L. c. 265, Section 13 1/2.

Where the Law Applies

The hit and run statute covers “any place to which the public has right of access,” which extends well beyond public roads. A Walmart parking lot, a hospital parking garage, and a shopping center driveway are all covered. However, a gated private community or restricted-access property may fall outside the statute’s reach. If you are struck in a parking lot by a driver who flees, the same legal obligations apply as on a public road.

What to Do Immediately After a Hit and Run

The steps you take in the minutes and hours after a hit and run collision directly affect your ability to recover compensation. Following the right steps protects both your health and your legal claim.

At the Scene

Move to safety. Get out of the roadway if you can do so without worsening your injuries.
Call 911 immediately. A police report is essential to any hit and run claim, both for criminal investigation and insurance purposes.
Document the fleeing vehicle. Write down the color, make, model, any partial license plate numbers, distinguishing marks, and the direction of travel.
Photograph everything. Capture your vehicle damage, the crash scene, skid marks, debris left by the fleeing vehicle, and your visible injuries.
Gather witness information. Ask anyone who saw the collision for their name and phone number.
Do NOT pursue the fleeing driver. Chasing a hit and run driver puts you and others at extreme risk and could expose you to liability if a secondary collision occurs.

In the Hours and Days Following

Obtain the police report number before leaving the scene. Getting the police report as soon as it is available helps move your claim forward.
Notify your own insurance company promptly. Your uninsured motorist coverage and PIP benefits are your primary sources of recovery.
File a crash report within 5 days. Under M.G.L. c. 90, Section 26, you must file a report with the RMV within 5 days if the crash caused injury or property damage exceeding $1,000.
Seek medical evaluation even if you believe your injuries are minor. Adrenaline can mask pain, and injuries such as concussions and internal bleeding may not produce symptoms for hours or days.
Do not give a recorded statement to any insurance company without first consulting an attorney. Learn more about insurance company tactics that can reduce your recovery.

How Hit and Run Drivers Are Identified

While many hit and run drivers are never found, a surprising number are eventually identified through investigative techniques and community involvement.

Police investigation includes canvassing the scene for physical evidence such as paint transfer, vehicle debris (headlight lens, mirror fragments, bumper pieces), and tire marks. Forensic analysis of paint chips can narrow down the make, model, and year of the fleeing vehicle.

Surveillance footage is often the most productive lead. Police review traffic cameras, business security cameras, and residential doorbell cameras along the fleeing vehicle’s likely route. Time is critical because many systems overwrite footage within 24 to 72 hours.

Community awareness plays a growing role. Social media posts describing the fleeing vehicle have led to identifications in many Massachusetts cases. Local news coverage generates tips that help police locate the driver.

Body shop investigation is another valuable tool. Police contact auto body shops looking for vehicles brought in with fresh collision damage matching the characteristics of the fleeing vehicle.

Insurance company Special Investigations Units (SIU) also conduct their own investigations, particularly in claims involving serious injuries or fatalities.

Insurance Coverage for Hit and Run Victims

Understanding your insurance coverage is the most important step in recovering compensation after a hit and run. Massachusetts requires several types of coverage that protect you when the at-fault driver flees.

Personal Injury Protection (PIP): Your First $8,000

PIP coverage is your first line of defense. Massachusetts requires all auto policies to include $8,000 in no-fault PIP coverage, which pays for medical expenses and lost wages regardless of who caused the collision. If you carry private health insurance, PIP pays the first $2,000 in medical expenses; remaining bills then go to your health insurer, and PIP can cover copays, deductibles, and amounts your health plan does not pay, up to the $8,000 limit. Your insurer must pay PIP benefits within 30 days of receiving the bills. Because Massachusetts is a no-fault state for the purpose of PIP, these benefits are available to you immediately without requiring you to prove fault.

Uninsured Motorist (UM) Coverage: Your Primary Recovery

Uninsured motorist coverage is the most important protection you have in a hit and run case. Under Massachusetts law, UM coverage is compulsory on all auto insurance policies, and a fleeing unidentified driver is treated as an “uninsured motorist” under your policy.

UM coverage pays for medical bills beyond PIP, lost wages, and pain and suffering up to your policy limits. The minimum UM limits in Massachusetts are $25,000 per person and $50,000 per incident for policies issued or renewed on or after July 1, 2025 (up from $20,000/$40,000). If you purchased higher UM limits, your recovery potential increases accordingly.

One important distinction: UM claims are based on contract law (your insurance policy), not tort law. This means the statute of limitations for a UM claim is six years under M.G.L. c. 260, Section 2, rather than the three-year deadline for personal injury tort claims.

For “phantom vehicle” claims where there was no physical contact between the fleeing vehicle and yours (for example, a driver swerves into your lane, causing you to crash into a guardrail), the insurance company may require corroborating evidence. Witness statements, dashcam footage, or physical evidence at the scene can satisfy this requirement.

Collision Coverage: Your Vehicle Damage

If you carry collision coverage, it will pay to repair or replace your vehicle regardless of whether the hit and run driver is found. You will need to pay your deductible, but if the driver is later identified, your insurer may pursue reimbursement through subrogation.

MedPay Coverage

If you carry Medical Payments coverage (MedPay), this optional add-on provides additional medical expense coverage regardless of fault, helping bridge the gap between PIP benefits and the resolution of your UM claim.

Filing Claims When the Driver Is Never Found

When the fleeing driver is never identified, your claims follow a specific sequence:

File a police report. This is the foundation of every hit and run claim and is required by your insurance company.
File a PIP claim. Submit your medical bills to your auto insurer for PIP benefits (up to $8,000). This happens immediately and does not require identifying the other driver.
File a UM claim. Pursue an uninsured motorist claim against your own policy for medical expenses beyond PIP, lost wages, and pain and suffering up to your UM policy limits.
File a collision claim. If you carry collision coverage, file a claim for your vehicle damage.
File a MedPay claim if you carry this optional coverage.

If the driver is eventually identified, additional options become available. You can pursue a third-party liability claim against that driver’s insurance, and if the driver was uninsured, your UM claim remains your primary source of recovery.

Recovering Compensation: What Damages Are Available?

The damages available in a hit and run case depend on whether the driver is found and what insurance coverage applies.

Through Your UM Policy (Driver Not Found)

When pursuing a UM claim, you can recover compensation for:

Medical expenses beyond what PIP covers, including emergency care, surgery, physical therapy, prescription medications, and future treatment
Lost wages and loss of earning capacity if your injuries prevent you from working
Pain and suffering, including physical pain, emotional distress, anxiety, and loss of enjoyment of life

Your recovery is limited to your UM policy limits, which is why carrying UM coverage above the state minimum is strongly recommended.

Through a Liability Claim (Driver Found)

If the hit and run driver is eventually identified, you can pursue a full personal injury claim including all of the damages listed above, plus property damage and potential punitive damages. Settlement values in hit and run cases where the driver is found are comparable to other motor vehicle injury claims of similar severity.

Wrongful Death Claims

When a hit and run collision causes a fatality, the estate of the deceased can file a wrongful death claim under M.G.L. c. 229, Section 2. Recoverable damages include loss of expected net income, loss of companionship and guidance, conscious pain and suffering, medical and funeral expenses, and punitive damages of at least $5,000 if the death was caused by grossly negligent or willful conduct.

Comparative Negligence in Hit and Run Cases

Massachusetts follows a modified comparative negligence rule under M.G.L. c. 231, Section 85. If you are found to be partially at fault for the collision, your compensation is reduced by your percentage of fault. If you are more than 50% at fault, you recover nothing.

In hit and run cases, comparative negligence can arise in several ways. If you were jaywalking when struck by a vehicle that fled, the insurance company may argue you bear some responsibility. If you were a pedestrian crossing outside a crosswalk, the insurer may raise pedestrian right-of-way rules as a defense. Even in UM claims against your own insurer, the insurance company can assert comparative negligence to reduce your payout.

However, a driver who flees the scene faces an uphill battle in arguing that the victim was at fault. The act of fleeing suggests consciousness of guilt, and courts and juries tend to view hit and run drivers unfavorably.

Pedestrians and Cyclists: The Most Vulnerable Victims

Pedestrians and bicyclists face the greatest danger from hit and run drivers. Pedestrian collision claims after a hit and run present particular challenges because the victim is often too injured to document the fleeing vehicle, and witnesses may not have been present.

In urban areas like Chelsea and Somerville, hit and run collisions involving pedestrians and cyclists are more frequent. If you were walking or cycling when struck by a driver who fled, your UM coverage from your own auto policy applies. If you do not own a vehicle, you may be covered under a household family member’s auto policy.

The Connection Between Hit and Runs and Impaired Driving

One reason drivers flee the scene is to avoid detection for drunk or impaired driving. By the time police locate the driver hours or days later, evidence of intoxication has dissipated. This strategic flight is one reason the criminal penalties are so severe.

Similarly, distracted driving is a leading cause of collisions where the driver flees. A driver who was texting or scrolling through a phone may panic after realizing they struck someone and leave to avoid responsibility. If the driver is later found and evidence of impairment or distraction is discovered, it significantly strengthens the victim’s civil claim and may support enhanced criminal charges.

Statute of Limitations: Know Your Deadlines

Different types of hit and run claims carry different filing deadlines:

Claim Type	Deadline	Authority
Personal injury (driver found)	3 years from crash	M.G.L. c. 260, Section 2A
UM claim (driver not found)	6 years from crash	M.G.L. c. 260, Section 2
Wrongful death	3 years from death	M.G.L. c. 229, Section 2

The six-year deadline for UM claims exists because these claims are based on your insurance contract rather than tort law. Exceptions exist for minors (the clock starts when the injured person turns 18) and for individuals who are mentally incapacitated. Regardless of the legal deadline, acting quickly preserves evidence and gives your attorney the strongest possible foundation for your claim.

Why You Need an Attorney for a Hit and Run Claim

Hit and run cases present challenges that go beyond typical motor vehicle collision claims. A personal injury attorney experienced in hit and run cases will:

Coordinate with law enforcement to support the investigation and help identify the fleeing driver through surveillance footage and forensic evidence
File preservation letters to businesses and government agencies to prevent the destruction of surveillance footage
Navigate UM claims against your own insurance company, which is inherently adversarial because your insurer has a financial interest in minimizing your payout
Counter comparative negligence arguments that insurers raise to reduce your compensation
Document the full extent of your damages through medical experts, vocational specialists, and life care planners
Handle simultaneous criminal and civil proceedings if the driver is identified and faces prosecution
Pursue arbitration or litigation if the insurance company refuses to make a fair offer on your UM claim

Because hit and run victims file claims against their own insurance companies, the dynamic is fundamentally different from a standard collision claim. Your insurer owes you contractual obligations, but it also has every incentive to minimize what it pays.

Understanding the Broader Impact

Hit and run crashes cause harm beyond physical injuries. Victims frequently experience anxiety, fear of driving or walking near roads, and a sense of injustice that the person who harmed them escaped accountability. Traumatic brain injuries, which are common in pedestrian and cyclist hit and run cases, can produce lasting cognitive and emotional changes. Even in cases involving less severe physical injuries, the psychological impact of being struck and abandoned by a fleeing driver is a compensable element of damages.

Massachusetts crash statistics show that motor vehicle collisions remain a leading cause of injury and death, and hit and run crashes represent the most egregious subset. Stronger enforcement and surveillance technology are improving identification rates, but the burden still falls on victims to protect their rights through prompt action and skilled legal representation.

Frequently Asked Questions

Can I still recover compensation if the hit and run driver is never found?

Yes. Even if the fleeing driver is never identified, you have multiple sources of recovery available under Massachusetts law. Your own Personal Injury Protection coverage provides up to $8,000 in no-fault medical benefits. More importantly, Massachusetts requires all auto policies to include uninsured motorist coverage, and a fleeing unidentified driver qualifies as an uninsured motorist under your policy. UM coverage pays for medical bills, lost wages, and pain and suffering up to your policy limits. For policies issued or renewed on or after July 1, 2025, the minimum UM limits in Massachusetts are $25,000 per person and $50,000 per incident. You may also use your collision coverage to repair or replace your vehicle and MedPay coverage if you carry it.

What are the criminal penalties for a hit and run in Massachusetts?

Massachusetts imposes three tiers of criminal penalties for leaving the scene of a crash under M.G.L. c. 90, Section 24. For property damage only, the offense is a misdemeanor carrying a fine of $20 to $200, 2 weeks to 2 years in jail, or both, plus a 60-day license suspension. When the crash causes personal injury, the penalties increase to 6 months to 2 years in a house of correction and a $500 to $1,000 fine, plus a 1-year license suspension. No continuance without a finding is allowed for this charge. When the crash causes death, the penalties increase to 1 to 2.5 years in a house of correction or 2.5 to 10 years in state prison, a $1,000 to $5,000 fine, a 1-year mandatory minimum sentence, and a 3-year license suspension.

How long do I have to file a claim after a hit and run in Massachusetts?

The deadline depends on the type of claim you are filing. If the fleeing driver is eventually identified, you have three years from the date of the crash to file a personal injury lawsuit under M.G.L. c. 260, Section 2A. If the driver is never found and you are pursuing an uninsured motorist claim against your own insurance company, that claim is based on contract law rather than tort law, which gives you a six-year statute of limitations under M.G.L. c. 260, Section 2. For wrongful death claims, the deadline is three years from the date of death under M.G.L. c. 229, Section 2. Regardless of the deadline, you should report the crash and begin your claim as soon as possible because evidence disappears quickly.

What should I do immediately after a hit and run crash in Massachusetts?

Move to a safe location and call 911 immediately. Try to document as much as you can about the fleeing vehicle, including the color, make, model, any partial license plate numbers, and the direction of travel. Photograph the scene, your vehicle damage, any debris left behind, and your injuries. Look for witnesses and get their contact information. Do not chase the fleeing driver. Obtain the police report number before leaving the scene. Notify your own insurance company promptly. Under M.G.L. c. 90, Section 26, you must file a crash report within 5 days if the crash caused injury or property damage exceeding $1,000. Seek a medical evaluation even if you feel fine, as adrenaline can mask serious injuries.

About the Author

Christopher Murphy, Esq. is the Managing Partner of Scalli Murphy Law with offices in Everett and Danvers, Massachusetts. Attorney Murphy has represented personal injury victims across Massachusetts since 1999 and has been recognized as a Massachusetts Super Lawyer in Personal Injury. He has helped thousands of clients and families recover compensation after car collisions, motorcycle crashes, premises liability incidents, wrongful death cases, and other personal injury claims.

Contact Scalli Murphy Law

If you or a family member has been the victim of a hit and run collision in Massachusetts, Scalli Murphy Law can evaluate your case, identify all available insurance coverage, and pursue the maximum compensation you are entitled to. We handle hit and run claims on a contingency fee basis, which means there is no upfront cost and no fee unless we recover for you.

Call 617-387-7000 or 1-833-933-HURT for a free consultation.

Everett Office: 537 Broadway, Everett, MA 02149
Danvers Office: 1 Webb Street, Danvers, MA 01923

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This article provides general information about Massachusetts law and is not legal advice. Every case is different. For advice about your specific situation, contact Scalli Murphy Law, P.C. at 617-387-7000 for a free consultation.

Hit and Run Accident Massachusetts – Legal Rights Guide