What to Do When Injured in an Accident And Driver is Uninsured

Posted by David P. McCormack

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David’s technical and analytical approach to personal injury cases has served his clients well for over 17 years. Recognized for his commitment and intensity, David has consistently been recognized by his peers, and has successfully argued in front of the Massachusetts Supreme Judicial Court. Meet David

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On October 1, 2020, the Boston Herald reported that a woman was walking across the Boston Public Garden mid-afternoon when a pick-up truck jumped the curb, smashed through the iron fencing and struck her to the ground. The woman suffered life-threatening injuries according to Boston Police. Though the driver of the Chevrolet Colorado who struck the woman fled the scene, police were able to track and arrest the alleged offender near the crash area the following day. 

Keith Andrade, a 58-year-old local man was arraigned on charges of larceny of a motor vehicle, operating a motor vehicle without a license, assault and battery by means of a dangerous weapon, reckless operation of a motor vehicle, and leaving the scene of a motor vehicle accident resulting in personal injury. Andrade already had two active warrants out of Boston District Court for larceny from a person. The victim remains in critical condition according to Police. 

This horrific accident raises issues with respect to Massachusetts law that are important to know. All automobiles registered in Massachusetts are required to carry liability insurance to compensate those injured by negligent driving. Regardless of whether or not the driver owns the automobile, if one's negligent driving causes an accident that results in someone being injured, and the injured person has accident-related medical expenses exceeding $2,000, or has suffered a fracture, loss of limb, sight or hearing, serious disfigurement or was killed in the crash, then the insurance on the responsible car applies. However, if the negligent driver is operating a car that is not his own or for which he does not have permission to use, such as the stolen vehicle involved in this case, there may still be applicable coverage. If the injured party is covered by an automobile insurance policy with “uninsured motorist” coverage, such coverage may be applicable to cover the damages caused by the uninsured driver. It is important to analyze all potential household insurance policies that may apply in the event of a hit and run or other type of “uninsured motorist” accident. 

At SUGARMAN we have experience in all types of automobile accident, dram shop, social host liability, and coverage dispute claims. Please contact us if we can assist in any way.

Call us at 617-542-1000 or email info@sugarman.com