What Happens If the Person at Fault in an Accident Has No Insurance in Massachusetts?

The Commonwealth of Massachusetts is one of the few states that operates a "no-fault" auto liability system (Mass. General Laws c.90 § 34A). This means that irrespective of who is at fault, each driver's or car owner's insurance policy is responsible for covering damages incurred by them in an accident to a certain extent. The State of Massachusetts' auto insurance policy also caters to accidents caused by uninsured or underinsured drivers.

Every motor vehicle owner must purchase an insurance policy that protects against accidents caused by uninsured or unidentified drivers. This protects the accident victim from having to cover the damage costs out of their pockets. However, once the damages incurred bodily or to properties exceed $2,000 or result in a permanent disfigurement, the at-fault driver may be legally required to cover the cost of damage. Driving without insurance is considered a serious offense under Massachusetts traffic violations and infractions, often resulting in fines, license suspension, and possible criminal charges.

Is It Illegal To Drive Without Insurance In Massachusetts?

Yes. Per Mass. General Laws c.90 § 34J, all drivers are legally obligated to carry proof of a valid motor vehicle liability policy at all times and provide it to law enforcement agencies on request. Defaulters may face any or a combination of the following penalties:

• A fine ranging between $500 and $5,000
• Jail time of not more than a year
• Suspension of license for sixty days( first-time offenders) or one year( subsequent offenders)
• Payment of a year's premium for compulsory motor vehicle liability at the highest rate or class available, or $500(depending on which has greater value)
• Fees for license reinstatement or reissuance
• Other court-ordered obligations and liabilities

What Is the Minimum Insurance Requirement in Massachusetts?

As of 1st July, 2025, Massachusetts law outlines the minimum compulsory motor vehicle liability policy as follows:

• Bodily injuries to others or death: $25,000 per person or $50,000 for more than one person.
• Property damage to others: minimum of $30,000.
• Personal Injury Protection: covers up to $8,000 in medical expenses and lost wages.
• Bodily injury by uninsured or unidentified drivers: $25,000 per person and $50,000 per accident.

While the outlined policies are compulsory, drivers may secure additional packages and increased limits such as MedPay coverage, Underinsured motorist coverage (UIM), or Pet coverage provided by the insurance companies in the state.

What To Do After A Car Accident With an Uninsured Driver in Massachusetts

Massachusetts' no-fault policy and mandatory purchase of an uninsured motorist liability policy make it a bit easier to deal with accidents caused by uninsured drivers. The insurance company of the insured is liable to cover the cost of damages incurred by the accident up to the amount prescribed by the insured's premium. However, it is important for a victim of an accident caused by an uninsured driver to go through the following steps:

Step 1: Report to the Police

Under M.G.L. Chapter 90, Section 26, motorists involved in an accident resulting in death, injury, or damage to property exceeding $1,000 must complete the Motor Vehicle Crash Operator Report form and submit it to the police within five days after the accident. A police report may serve as evidence in a small claims proceeding.

Step 2: Seek Medical Attention

Victims of an accident may need to visit a hospital to receive medical help and ascertain the level of injury sustained during the accident. Medical records, bills, and reports are also tangible evidence for pursuing legal resolutions and compensation.

Step 3: Inform the Insurance Company

Since vehicle owners in Massachusetts are mandated to have a policy for damages caused by uninsured drivers, the insurance company bears the financial liability of the accident. The Uninsured motorist policy usually covers medical bills and property damages up to a certain amount.

Step 4: File a Civil Lawsuit

Victims may file a civil suit to seek compensation if the damages incurred exceed $2,000 or if the at-fault driver flees the scene. However, receiving compensation may be difficult as the uninsured driver may be financially incapable of covering the liabilities.

Step 5: Report the Driver

Driving without insurance is illegal in Massachusetts (Mass. General Laws c.90 § 34J). Reporting the uninsured driver may lead to the suspension of their license, possible jail time, or other penalties prescribed by law.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

Irrespective of who is at fault, driving without insurance in Massachusetts is against the law and attracts stiff punishments (Mass. General Laws c.90 § 34J). The victim of the accident may also be financially responsible for the damages caused by the accident, especially if the at-fault driver has no insurance policy. The victim may pursue legal compensation processes, but the outcome may not be guaranteed.

Can I Sue an Uninsured Driver in Massachusetts?

Yes. A victim can sue an uninsured driver in Massachusetts if the damages exceed $2,000 or result in permanent injuries (Mass. General Laws c.90 § 34A, MGL c. 260§ 2A). Massachusetts small claims courts allow victims to pursue financial compensation of up to $7,000 or more in automobile crashes(MGL c. 218, § 21, MGL c. 218, §§ 22-25). The processes, forms, fees, and requirements for filing a small claim may be obtained from the court's official website.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Massachusetts?

Yes, to the extent of coverage provided by the insured's subscribed policy. In Massachusetts, the insurance companies are mandated to provide the following compulsory coverage options:

• Bodily injuries to others or death: covers the cost of injury or death to the driver up to $25,000 per person or $50,000 for two or more persons
• Property damage to others: pays for damages to property up to $30,000 or more( depending on the premium)
• Personal Injury Protection: covers up to 75% of lost wages, medical bills, and replacement services, not more than $8,000
• Bodily injury by uninsured or unidentified drivers: takes care of bodily injuries caused by uninsured or hit-and-run drivers to a limit of $25,000 per person and $50,000 per accident

Other optional coverages provided by insurance companies may include:

• MedPay coverage: caters to payment of medical bills and funeral services up to $5,000
• Underinsured motorist coverage: takes care of damages caused by drivers with inadequate insurance policies. The insurance company offsets the balance of the bills left from the underinsured's policy.
• Comprehensive and Collision coverage: pays for damages done to a vehicle, irrespective of who is at fault.

What Is Uninsured Motorist Coverage in Massachusetts?

In Massachusetts, Uninsured Motorist(UM) Coverage is a compulsory auto insurance that takes care of the financial liability of damages from accidents caused by drivers without an insurance policy or hit-and-run drivers.

Under Mass. General Laws c.90 § 34A (amended by St. 2024, c. 238, §§ 221-222), insurance companies are mandated to provide UM coverage to motorists for a minimum of $25,000 per person and $50,000 per accident.

What If I Don't Have Uninsured Motorist Coverage in Massachusetts?

Motorists without Uninsured Motorist coverage who get involved in an accident with an uninsured or hit-and-run driver may pursue other routes of compensation, such as:

• Filing a civil suit against the at-fault driver in a small claims court if the damages exceed $2,000
• Reporting the driver to the police or DMV for license suspension
• Settling out of court with the at-fault driver.

However, it is important to note that since driving in Massachusetts without uninsured motorist coverage is illegal, the not-at-fault driver may face certain penalties and may not be able to receive full compensation for the injuries and damages incurred.

How Do I Get Compensation from an Uninsured Driver in Massachusetts?

A victim of an accident caused by an uninsured driver may pursue compensation legally by filing a small claim with any of the district, housing, or Boston municipal courts in Massachusetts. Applicants may either file online, in person, or via mail. After filling, the applicant will be required to pay the relevant fees and serve an issued summons to the defendant within thirty days. Once the defendant has been served, a court hearing is fixed to decide the matter following the procedures outlined in MGL c. 218, § 21 and MGL c. 218, §§ 22-25. The process of pursuing legal compensation for accidents caused by uninsured drivers is usually tedious and complex; consider using the services of a legal professional.

How Much Can You Recover From an Uninsured At-Fault Driver in Massachusetts?

Under Massachusetts law, a victim of an auto crash by an at-fault uninsured driver may receive up to $7,000 or more in compensation after a lawsuit in a small claims court, depending on the peculiarities of the case. However, this largely depends on the financial capabilities of the at-fault driver and the court ruling. In addition, the annual interest rate for damages in civil judgments as prescribed by state laws is 12% (MGL c. 231, §§ 6B, 6C6H).

How To Find Out If the At-Fault Driver Has Insurance in Massachusetts

One may find the insurance status of an at-fault driver by reviewing official copies of the police reports filed after the auto crash. Eligible persons may request a copy of a police crash report from the Massachusetts Registry of Motor Vehicles (RMV) online or via mail for $20 per copy.

Alternatively, one may find out about an at-fault driver's insurance policy during a litigation process in a small claims or civil court. The plaintiff may request the judge to grant access to the at-fault driver's insurance information to aid the resolution process.

Are Accidents Public Record in Massachusetts?

Yes. Civil and criminal court records and filings related to accidents may be publicly available under the Massachusetts Public Records Law (M.G.L. c. 66, § 10). However, official copies of Police Crash reports are restricted from public access and may only be requested by parties involved in the crash or authorized personnel.

Can You Go to Jail for Causing an Accident Without Insurance in Massachusetts?

Yes. Massachusetts law prescribes a jail time of not more than a year, among other penalties, for motorists caught driving without insurance.

Can You Settle With an Uninsured Driver Out of Court in Massachusetts?

Yes. A victim of an auto crash involving an uninsured driver may decide to settle out of court with the at-fault driver. However, for the agreement to be legally binding, it must be written and signed by both parties involved, either as a Release of Claims or Settlement Agreement, according to Massachusetts Contract Law.

Can I Get Compensation If I Was Partially at Fault?

Yes. Massachusetts' modified comparative negligence system ensures that a claimant responsible for 50% or less of the fault in an accident receives compensation. However, the amount of compensation is reduced by the percentage of fault.