Hit by an Uninsured Driver in Massachusetts? What You Need to Know

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

Hit by an Uninsured Driver in Massachusetts? What You Need to Know

Getting hit by an uninsured driver in Massachusetts is more common than most people realize. An estimated 8% of drivers on Massachusetts roads are uninsured at any given time, despite the state’s mandatory insurance requirements. Collisions with uninsured drivers are especially common in busy cities like Boston, Worcester, Springfield, Brockton, Lawrence, and Fall River. If you are involved in an uninsured driver accident in Massachusetts, the question is not whether you have legal options. It is understanding which options apply to your situation and how to use them effectively.

The good news is that Massachusetts has stronger protections for accident victims hit by uninsured drivers than most states. The bad news is that collecting compensation still requires navigating a layered system of PIP benefits, uninsured motorist coverage, and potentially a bad faith claim against your own insurer.

Why Uninsured Drivers Are Still on Massachusetts Roads

Massachusetts requires every registered vehicle to carry auto insurance, including bodily injury liability, property damage, PIP coverage, and uninsured/underinsured motorist coverage. The state has one of the most comprehensive mandatory insurance schemes in the country.

Despite these requirements, thousands of drivers operate without valid insurance. Common reasons include:

• Lapsed policies: A driver lets their policy lapse due to non-payment but continues driving
• Fraudulent insurance cards: Some drivers present outdated or fabricated proof of insurance
• Out-of-state vehicles: Drivers from states with lower or no insurance requirements
• Unregistered vehicles: Cars that were never registered or whose registration has been revoked
• Stolen vehicles: The at-fault driver is operating a vehicle they do not own or insure

The Insurance Research Council estimates that roughly 8% of Massachusetts drivers are uninsured. Nationally, the uninsured motorist rate is approximately 14%. While Massachusetts fares better than the national average due to its strict enforcement, thousands of collisions each year involve at-fault drivers with no valid insurance.

How Massachusetts Protects You: Mandatory UM Coverage

Massachusetts is one of the few states that requires uninsured motorist (UM) coverage on every auto insurance policy. This means that if you have car insurance in Massachusetts, you already have protection against uninsured drivers built into your own policy.

As of July 1, 2025, the minimum insurance requirements in Massachusetts increased:

Coverage Type	Previous Minimum	New Minimum (July 2025)
Bodily Injury Liability (per person)	$20,000	$25,000
Bodily Injury Liability (per accident)	$40,000	$50,000
Property Damage Liability	$5,000	$30,000
Uninsured Motorist (per person)	$20,000	$25,000
Uninsured Motorist (per accident)	$40,000	$50,000
PIP	$8,000	$8,000 (unchanged)

The UM coverage minimums mirror the bodily injury liability minimums. Many drivers carry higher limits, and you can purchase additional UM/UIM coverage for relatively low premiums. If you carry $100,000/$300,000 in bodily injury liability, your UM/UIM limits are typically the same unless you specifically opted for lower coverage.

How UM Coverage Works When You Are Hit by an Uninsured Driver

When an uninsured driver causes a collision and you are injured, your recovery comes from your own insurance policy, not the at-fault driver’s (since they have none). Here is the order in which your coverage layers apply:

Layer 1: PIP Coverage ($8,000)

Your PIP (Personal Injury Protection) coverage is the first layer that pays. PIP provides up to $8,000 in no-fault benefits for medical expenses and 75% of lost wages, regardless of who caused the collision. PIP pays before any other coverage, and you do not need to prove fault to receive it.

Layer 2: Uninsured Motorist (UM) Coverage

After PIP, your UM coverage pays for damages that exceed PIP, including:

• Medical expenses beyond the $8,000 PIP limit
• Full lost wages (not just 75%)
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent impairment or disfigurement

UM coverage functions similarly to a bodily injury liability claim against the at-fault driver. The difference is that you are making the claim against your own insurer. Your UM claim is subject to the same tort threshold as any other bodily injury claim in Massachusetts: your reasonable and necessary medical expenses must exceed $2,000, or your injuries must include death, loss of a body member, permanent and serious disfigurement, or loss of sight or hearing (M.G.L. c. 231, Section 6D).

Coverage Layer Summary

Coverage Layer	What It Pays	Who Pays	Fault Required?
PIP ($8,000)	Medical expenses + 75% lost wages	Your auto insurer	No
UM Coverage ($25K-$500K+)	All damages including pain and suffering	Your auto insurer	Yes (other driver must be at fault)
Health Insurance	Medical treatment after PIP coordination	Your health insurer	No
Lawsuit vs. Uninsured Driver	All damages (if collectible)	The at-fault driver personally	Yes

Underinsured Motorist (UIM) Coverage: When the Other Driver’s Policy Is Not Enough

A related and equally important coverage is underinsured motorist (UIM) coverage. This applies when the at-fault driver has insurance, but their policy limits are not enough to cover your damages.

For example: the at-fault driver carries the new minimum of $25,000 in bodily injury coverage, but your injuries result in $150,000 in damages. After collecting the $25,000 from the at-fault driver’s policy, your UIM coverage pays the difference, up to your own policy limits.

UIM coverage in Massachusetts works on a “gap” basis. Your UIM coverage pays the difference between what the at-fault driver’s policy pays and your own UIM limits. If your UIM limit is $100,000 and the at-fault driver’s policy paid $25,000, your UIM coverage can pay up to $75,000 more.

For a deeper look at how these coverages compare, see our guide: Understanding the Difference: Uninsured vs. Underinsured Motorist Coverage.

Steps to Take After Being Hit by an Uninsured Driver

The steps you take immediately after a collision with an uninsured driver directly affect your ability to recover compensation. Here is what to do:

1. Call 911 and get a police report: A police report is essential. It documents the collision, identifies the at-fault driver, and records whether the other driver had valid insurance. If the other driver flees the scene, the police report establishes the hit-and-run.
2. Seek medical attention immediately: Go to the emergency room or see your doctor as soon as possible. Delaying treatment gives the insurance company grounds to argue your injuries are not related to the collision.
3. Document everything: Take photographs of vehicle damage, the collision scene, your injuries, and any road conditions. Get the names and contact information of witnesses.
4. Notify your own insurance company: Report the collision to your auto insurer promptly. File your PIP claim immediately, as PIP benefits are time-sensitive. Notify them that the at-fault driver is uninsured so they can open a UM claim file.
5. Do not give a recorded statement without legal advice: Even though you are dealing with your own insurer on a UM claim, the insurance company’s interests are adverse to yours. They want to pay as little as possible.
6. Contact a personal injury attorney: UM claims are adversarial, and having an attorney ensures your claim is properly documented, valued, and presented.

For a complete guide on post-collision steps, see: What to Do After a Car Accident in Massachusetts.

Filing a UM Claim with Your Own Insurer

Filing an uninsured motorist claim is different from a standard third-party liability claim. You are making a claim against your own insurance company, which creates a unique dynamic.

Your insurer has a contractual obligation to pay valid UM claims. However, in practice, many insurers treat UM claims the same way they treat any liability claim: they investigate, challenge, and negotiate to minimize the payout. Common insurance company tactics include:

• Disputing that the at-fault driver was actually uninsured
• Arguing that you were partially or fully at fault under comparative negligence
• Minimizing the severity of your injuries
• Ordering Independent Medical Examinations (IMEs) to challenge your treatment
• Delaying the claims process to pressure you into accepting a low settlement
• Offering a settlement far below the actual value of your claim

If you and your insurer cannot agree on the value of your UM claim, Massachusetts law provides for arbitration. Your auto policy includes an arbitration clause for UM disputes. Either party can demand arbitration, and an arbitrator (or panel of arbitrators) will decide the value of your claim. The arbitration is binding in most cases, though certain procedural challenges may be available.

Bad Faith by Your Own Insurer

When you file a UM claim, your insurance company has a legal obligation to handle your claim in good faith. Massachusetts has some of the strongest consumer protection laws in the country, and they apply directly to UM claims.

Under M.G.L. c. 176D, Section 3(9), an insurer engages in unfair claim settlement practices when it:

• Fails to adopt and implement reasonable standards for prompt investigation of claims
• Refuses to pay claims without conducting a reasonable investigation
• Fails to affirm or deny coverage within a reasonable time
• Attempts to settle claims for less than a reasonable person would believe they are worth
• Compels insureds to institute litigation to recover amounts due by offering substantially less than the amounts ultimately recovered
• Fails to settle claims promptly when liability has become reasonably clear

If your insurer violates these standards, you can bring a claim under M.G.L. c. 93A, Massachusetts’ consumer protection statute. A successful 93A claim can result in:

• Double or triple damages if the insurer’s conduct was willful or knowing
• Attorney fees and costs
• Interest from the date of the demand letter

The 93A demand letter process requires sending a written demand to the insurer at least 30 days before filing suit, giving them an opportunity to make a reasonable settlement offer. If the insurer fails to respond or makes an unreasonable offer, the court can award multiple damages.

This is a significant protection for Massachusetts consumers. In many states, your only remedy against a bad-faith insurer is the contract claim itself. In Massachusetts, the 93A/176D framework gives real teeth to bad faith claims.

Hit-and-Run Accidents and UM Coverage

If you are the victim of a hit-and-run in Massachusetts, your uninsured motorist coverage applies. Massachusetts law treats a hit-and-run collision the same as a collision with an uninsured driver for UM coverage purposes.

To file a UM claim after a hit-and-run, you must:

1. Report the hit-and-run to the police as soon as possible
2. Notify your insurer promptly of the hit-and-run
3. Provide a description of the incident, including any details about the other vehicle (color, make, model, partial plate number)

There is no requirement that the hit-and-run driver be identified for your UM claim to proceed. If the other driver is never found, your UM coverage still applies.

Hit-and-run accidents are particularly common in congested areas like Boston, Everett, Brockton, and Lawrence. If you are a pedestrian or cyclist struck by a hit-and-run driver, the UM coverage on your own auto policy (or a household member’s policy) can provide coverage.

Stacking UM/UIM Coverage in Massachusetts

Stacking refers to combining UM/UIM limits from multiple vehicles on the same policy to increase your available coverage. For example, if you have two cars on your policy, each with $100,000 in UM coverage, stacking would give you $200,000 in total UM coverage.

Massachusetts generally does not allow stacking of UM/UIM coverage across multiple vehicles on the same policy. Most auto insurance policies in Massachusetts contain anti-stacking provisions that limit your recovery to the highest single-vehicle UM limit on the policy, not the combined total.

However, there are situations where additional coverage may be available:

• Multiple policies: If you have auto policies through different insurers (for example, a personal policy and a business policy), the UM limits may not be subject to the same anti-stacking rules
• Household members: If household members have separate policies, their UM coverage may provide additional protection depending on the policy language
• Excess/umbrella policies: Some umbrella policies include UM/UIM coverage that sits on top of your auto policy limits

An attorney can review the specific language of your policies to determine the maximum UM/UIM coverage available in your situation.

Suing the Uninsured Driver Directly

You always have the right to sue the at-fault driver directly, even if they have no insurance. If a court enters a judgment in your favor, the uninsured driver is personally responsible for paying it.

The practical problem is collectibility. A driver who cannot afford to maintain car insurance is unlikely to have significant assets or income to satisfy a judgment. This is known as the “judgment-proof” problem.

That said, there are situations where suing the uninsured driver makes sense:

• The driver has assets: Some uninsured drivers have a home, savings, or income that can be reached through judgment collection
• Your damages exceed UM limits: If your damages are $200,000 but your UM coverage only provides $100,000, a judgment against the uninsured driver covers the gap (if collectible)
• Wage garnishment: Massachusetts allows wage garnishment to satisfy judgments. If the uninsured driver is employed, a portion of their wages can be garnished over time
• Future assets: A judgment in Massachusetts is valid for 20 years and can be renewed. If the uninsured driver acquires assets or income in the future, you can collect at that time

Your attorney can evaluate whether pursuing the uninsured driver directly is worth the cost and effort based on a realistic assessment of their financial situation.

MassHealth Liens and Subrogation

If your medical treatment after a collision with an uninsured driver was paid by MassHealth (Massachusetts Medicaid), MassHealth has a right of subrogation. This means MassHealth can seek reimbursement from your settlement or judgment for the medical expenses it paid on your behalf.

MassHealth liens must be addressed before your case is finalized. Under federal and state law, MassHealth is entitled to recover the amounts it paid for collision-related medical treatment. However, the lien amount can often be negotiated, particularly when the settlement does not fully compensate you for all of your damages.

Your attorney should:

• Identify any MassHealth liens early in the case
• Negotiate the lien amount to maximize your net recovery
• Ensure proper notice is given to MassHealth before settlement

Failing to address a MassHealth lien can result in personal liability and complications with your settlement.

Uninsured Driver Accidents in Massachusetts Cities

The risk of being hit by an uninsured driver varies by location. Urban areas with denser traffic and higher collision volumes tend to see more uninsured driver claims.

Cities in Massachusetts where uninsured driver collisions are particularly common include:

• Boston: The state’s largest city has heavy traffic congestion and a high volume of collisions. The combination of commuter traffic, ride-share vehicles, and commercial trucks increases the odds of encountering an uninsured driver.
• Worcester: Central Massachusetts’ largest city sees a significant number of uninsured driver collisions, particularly along major routes like I-290 and Route 9.
• Springfield: Western Massachusetts’ urban center sees a significant number of uninsured driver collisions each year.
• Brockton: A densely populated city south of Boston with a high rate of motor vehicle collisions and uninsured drivers.
• Everett: Located just north of Boston, Everett’s busy commercial corridors and proximity to major highways contribute to frequent collisions.
• Lawrence: The Merrimack Valley city has a high collision rate, and uninsured driver claims are common.
• Fall River: Southeastern Massachusetts’ largest city sees frequent uninsured driver incidents along Route 24 and Route 79.

Regardless of where the collision occurs, the legal process for recovering compensation is the same: file your PIP claim, pursue your UM claim, and contact an attorney if your insurer does not handle your claim fairly.

How to Protect Yourself Before a Collision Happens

The best time to prepare for a collision with an uninsured driver is before it happens. Here is what you can do:

• Carry UM/UIM limits that match your bodily injury limits: If you carry $100,000/$300,000 in bodily injury liability, make sure your UM/UIM limits are the same. The additional cost is typically modest.
• Consider higher limits: UM/UIM coverage is one of the most valuable and cost-effective coverages on your auto policy. Upgrading from $25,000/$50,000 to $100,000/$300,000 can cost as little as $50 to $100 per year in additional premium.
• Review your policy annually: Insurance companies sometimes reduce UM/UIM coverage to match lower limits without clear notification. Check your declarations page each year.
• Add an umbrella policy: Some umbrella policies include UM/UIM coverage. Ask your insurer about adding this layer of protection.

What Determines the Value of a UM Claim?

The value of your uninsured motorist claim is determined by the same factors as any bodily injury claim. The average settlement depends on:

• Severity of injuries: Fractures, surgeries, herniated discs, and traumatic brain injuries result in higher claims than soft tissue injuries
• Total medical expenses: The total cost of your medical treatment, including future care
• Lost wages and earning capacity: Both past lost wages and future loss of earning capacity
• Pain and suffering: Chronic pain, loss of enjoyment of life, emotional distress, and permanent limitations
• Duration of treatment: Longer treatment with ongoing symptoms supports higher non-economic damages
• Your UM policy limits: Your recovery cannot exceed your UM coverage limits unless you also pursue the uninsured driver personally

One critical distinction: in a UM claim, your own insurer is evaluating and negotiating the claim. This creates a conflict of interest that does not exist in a standard third-party claim. Your insurer wants to pay as little as possible, but they also have a legal duty to act in good faith. Having an experienced personal injury attorney ensures the insurer honors that duty.

Frequently Asked Questions

What happens if you get hit by an uninsured driver in Massachusetts?

If you are hit by an uninsured driver in Massachusetts, you file a claim under the uninsured motorist (UM) coverage on your own auto insurance policy. Massachusetts requires every auto policy to include UM coverage, so you are protected even when the at-fault driver has no insurance. Your PIP coverage pays the first $8,000 in medical expenses and lost wages regardless of fault, and your UM coverage pays for damages beyond PIP, including pain and suffering.

Is uninsured motorist coverage mandatory in Massachusetts?

Yes. Massachusetts is one of the few states that requires uninsured motorist (UM) coverage on every auto insurance policy. As of July 1, 2025, the minimum UM limits are $25,000 per person and $50,000 per accident. You cannot legally register a vehicle in Massachusetts without UM coverage.

Does UM coverage apply to hit-and-run accidents?

Yes. In Massachusetts, a hit-and-run collision is treated the same as an uninsured motorist accident for coverage purposes. If the at-fault driver flees the scene and cannot be identified, you can file a UM claim under your own policy. You must report the hit-and-run to the police and notify your insurer promptly.

Can I sue my own insurance company if they deny my UM claim?

Yes. If your insurer unreasonably denies, delays, or undervalues your UM claim, you may have a bad faith claim under M.G.L. c. 176D, Section 3(9) and M.G.L. c. 93A. Massachusetts law imposes a duty on insurers to handle claims fairly, and violations can result in double or triple damages plus attorney fees.

What is the difference between uninsured and underinsured motorist coverage?

Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance at all. Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are not enough to cover your damages. For example, if the at-fault driver has $25,000 in coverage but your damages total $100,000, your UIM coverage pays the difference up to your policy limits.

Can I stack UM/UIM coverage in Massachusetts?

Massachusetts does not allow stacking of UM/UIM coverage across multiple vehicles on the same policy. If you have two cars insured on one policy, you cannot combine the UM limits from both vehicles. However, if you have separate policies through different insurers, the rules may differ. Your attorney can review your specific policies to determine the maximum coverage available.

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 recover compensation in uninsured and underinsured motorist claims, car accident cases, and other personal injury matters throughout Boston, Worcester, Springfield, and communities across the Commonwealth.

Contact Scalli Murphy Law

If you have been hit by an uninsured driver in Massachusetts, you need an attorney who understands how UM claims work and will hold your insurance company accountable. Scalli Murphy Law has over 30 years of experience handling uninsured motorist claims and fighting for full compensation when insurance companies try to minimize what they owe.

Call 617-387-7000 or 1-833-933-HURT for a free consultation. There is no fee unless we recover for you.

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

Related Resources:

• Uninsured vs. Underinsured Motorist Coverage
• PIP Coverage in Massachusetts: How It Affects Your Claim
• Average Car Accident Settlement in Massachusetts (2026)
• What to Do After a Car Accident in Massachusetts
• Insurance Company Tactics in Massachusetts
• Motor Vehicle Injury Practice Area
• How Much Does a Personal Injury Lawyer Cost?

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.