Hit-and-Run and Uninsured Motorist (UM/UIM) Claims in Massachusetts: What to Do If the Driver Flees
If you are the victim of a hit-and-run or crash with an uninsured driver in Massachusetts, your own Uninsured Motorist (UM) coverage will pay for your medical bills and pain. You must report the crash to the police and the RMV within 5 days to protect your right to file a claim.
Watching the driver who just caused a violent crash speed away from the scene is a uniquely helpless feeling. Hit-and-run accidents are disturbingly common in cities like Springfield, Worcester, and Fall River. Likewise, thousands of drivers in Massachusetts operate vehicles illegally without auto insurance. If one of these drivers injures you, it may feel like you have no one to sue for your medical bills, lost wages, and pain and suffering. Fortunately, Massachusetts law anticipates this exact scenario.
Under Mass. Gen. Laws ch. 175, § 113L, every auto insurance policy issued in the state must include Uninsured Motorist (UM) coverage. This means your own insurance company steps into the shoes of the fleeing driver and compensates you for your injuries. Filing a UM claim against your own insurer is not an adversarial betrayal; it is using the exact protection you pay premiums for every month. Because your insurance company will try to minimize your payout, having an aggressive local attorney from our directory manage your claim is vital.
The 'Phantom Vehicle' Rule (Miss-and-Run Accidents)
In many states, if a car swerves into your lane, forces you off the road into a tree, and keeps driving without ever touching your car, you cannot file a hit-and-run claim because there was no "physical contact." Massachusetts law is far more protective of victims. Following landmark court decisions like Surrey v. Lumbermens Mut. Cas. Co., 384 Mass. 171 (MA Supreme Judicial Court 1981), the Massachusetts Supreme Judicial Court ruled that requiring physical contact for a UM claim violates state statutes.
If a 'phantom vehicle' causes you to crash but never actually touches your car, you may still be entitled to file a UM claim in Massachusetts. However, because insurance companies are deeply suspicious of these 'miss-and-run' claims, you must provide independent corroboration. This means you need independent witnesses, dashcam footage, or nearby security cameras to prove that the phantom vehicle actually existed and caused the evasive maneuver.
The 5-Day Rule: Strict Reporting Deadlines in Massachusetts
If you are involved in a hit-and-run, you cannot wait weeks to see how you feel before taking action. Under the Standard Massachusetts Automobile Insurance Policy, you must notify the police within 24 hours of a hit-and-run crash to preserve your right to file an Uninsured Motorist claim. In addition, state law enforces strict statutory reporting deadlines to prevent fraud.
Filing the Motor Vehicle Crash Operator Report
Under Mass. Gen. Laws ch. 90, § 26, if you are involved in an accident resulting in any injury, death, or more than $1,000 in property damage, you must legally report it within 5 days. You must fill out Form CRA-23, Massachusetts, Registry of Motor Vehicles, Motor Vehicle Crash Operator Report. You must submit one copy to the local police department where the crash occurred, one copy to your insurance company, and mail one copy to the Massachusetts Registry of Motor Vehicles, Boston. Failing to file this report within the strict 5-day window gives your insurance company legal grounds to deny your Uninsured Motorist claim entirely, claiming they were prejudiced by the delay in investigating the fleeing driver.
How a UM Claim Affects Your SDIP Rating
A major fear victims have is that filing a claim against their own insurance will cause their monthly premiums to skyrocket. In Massachusetts, auto insurance rates are governed by the Safe Driver Insurance Plan (SDIP), managed by the Massachusetts Merit Rating Board, Quincy. Under SDIP rules, you are only assessed surcharge points (which raise your rates) if you are found to be more than 50% at fault for an accident.
Because you are the innocent victim of a hit-and-run or an uninsured driver, you are 0% at fault. Filing an Uninsured Motorist (UM) claim for bodily injury will not add surcharge points to your driving record, and it should not raise your base insurance premium. You are simply utilizing a benefit that you have already paid for.
UM vs. UIM Coverage in Massachusetts
| Type of Coverage | When it Applies | Is it Mandatory in MA? |
|---|---|---|
| Uninsured Motorist (UM) | Hit-and-runs, or when the at-fault driver has NO insurance. | Yes (Minimum $25,000 per person) |
| Underinsured Motorist (UIM) | The at-fault driver's policy is too small to cover your severe injuries. | No (Optional, but highly recommended) |
| Collision Coverage | To fix the physical damage to your car after a hit-and-run. | No (Optional) |
Frequently Asked Questions (FAQ)
Who pays to fix my car after a hit-and-run?
Uninsured Motorist (UM) coverage in Massachusetts only pays for bodily injuries (medical bills and pain/suffering). It does not pay for property damage. To get your car fixed after a hit-and-run, you must use your optional Collision coverage and pay your deductible.
What if the police eventually find the hit-and-run driver?
If the police track down the driver via license plates or cameras, your attorney will shift the claim away from your UM policy and file a standard liability claim against the fleeing driver's auto insurance policy.
Can I use my PIP benefits if it was a hit-and-run?
Yes. Your Personal Injury Protection (PIP) is no-fault coverage. It will immediately pay the first $2,000 to $8,000 of your medical bills and lost wages, regardless of whether the other driver fled the scene.
Do I still need a lawyer if I am dealing with my own insurance?
Absolutely. When you file a UM claim, your insurance company acts exactly like the opposing side. Their goal is to pay you as little as possible. An attorney forces them to fairly evaluate your medical records and maximize your settlement.
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