What if the Other Driver Doesn't Have Insurance in Springfield, MA?

Short answer: If the other driver was uninsured or underinsured in your Springfield-area accident, you can still recover damages through your own insurance policy. Massachusetts law requires all auto policies to include Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage. Your PIP coverage pays up to $8,000 of medical expenses regardless of fault. Hit-and-run drivers are treated as uninsured. Act quickly, notify your insurer promptly, and contact a personal injury attorney to maximize your recovery.

Uninsured vs Underinsured: The Difference

Uninsured Motorist (UM)

Applies when the at-fault driver:

• Has no auto insurance at all
• Is driving a stolen vehicle
• Fled the scene (hit-and-run)
• Has an insurance company that denies coverage or becomes insolvent

Underinsured Motorist (UIM)

Applies when the at-fault driver has insurance, but not enough to cover your damages. If their policy maxes out at $20,000 but your medical bills are $80,000, UIM covers the gap (up to your UIM policy limit).

Massachusetts UM/UIM Requirements

Massachusetts law requires every auto insurance policy sold in the state to include UM coverage with a statutory minimum of $20,000 per person and $40,000 per accident. Most drivers have more. You can purchase higher limits ($100,000, $250,000, $500,000, or more) for modest additional premium.

UIM coverage is optional in Massachusetts but automatically included in most policies. Check your declarations page to verify your limits.

Pro tip: A huge share of drivers in Western Massachusetts carry only minimum ($20,000) policies. That is why high UIM limits on YOUR policy are one of the most important protections you can buy. It costs relatively little and protects you against everyone else's low-limit coverage.

What Counts as "Uninsured"

You can pursue UM coverage in these Springfield-area scenarios:

• The at-fault driver has no policy at all
• The at-fault driver's policy lapsed or was canceled
• The at-fault driver was driving someone else's car and neither had coverage
• The at-fault driver fled the scene and was never identified (hit-and-run)
• The at-fault driver's insurance company went out of business
• The at-fault driver's insurer denied coverage (often for policy violations)
• A "phantom vehicle" caused the accident without contact (e.g., you swerved to avoid another car and crashed)

What Your PIP Coverage Does

Separate from UM/UIM, your Personal Injury Protection (PIP) coverage pays:

• Up to $8,000 of initial medical expenses
• 75% of lost wages up to the $8,000 cap
• Funeral expenses in fatal accidents
• Replacement services for household tasks you cannot perform

PIP pays regardless of fault and is available to you even if the other driver is uninsured. Treatment must start within 2 weeks of the accident.

What to Do If You Discover the Other Driver Is Uninsured

1. Get medical attention. Your health first. Treatment within 14 days protects PIP benefits.
2. File a police report. Critical for UM claims, especially hit-and-run.
3. Notify your own insurance company promptly. Many policies require notice within 24-48 hours for UM/UIM claims. Delays can result in denial.
4. Preserve evidence. Photos, witness info, police report, medical records.
5. Do NOT sign anything from the other driver. Especially if they are offering to pay you directly.
6. Do NOT accept cash at the scene. Drivers who offer cash often have no license, no insurance, or outstanding warrants.
7. Contact a personal injury attorney. UM/UIM claims are often contested by your own insurance company.

Why Your Own Insurance Might Fight Your UM Claim

Here is the uncomfortable truth: when you file a UM claim, your own insurance company becomes the adversary. They have no incentive to pay you fairly. Common tactics include:

• Disputing whether the other driver was actually uninsured
• Disputing fault (arguing YOU were primarily responsible)
• Disputing the extent of your injuries
• Disputing the necessity of your medical treatment
• Offering lowball settlements
• Delaying the claim hoping you will give up
• Using your recorded statement against you

An attorney levels the playing field. Your insurer knows represented clients fight back.

Hit-and-Run Accidents in Hampden County

Hit-and-run accidents are treated as uninsured. If the driver flees before you can identify them:

1. Call 911 immediately. Report the direction of travel, license plate if you caught it, vehicle description.
2. Get witness information. Someone may have seen the license plate.
3. Check for surveillance. Nearby businesses, traffic cams, Ring doorbells often capture license plates.
4. Call your insurance company. You will file a UM claim against your own policy.
5. Contact a personal injury lawyer. Hit-and-run UM claims require specific procedures.

Most hit-and-run accidents in Springfield occur at night, in parking lots (Holyoke Mall, Eastfield Mall), or after minor fender-benders where the other driver panics and flees.

Massachusetts Assigned Claims Plan

If you do not have your own auto insurance (you were a pedestrian, bicyclist, or passenger with no coverage of your own), you may still qualify for PIP-like benefits through the Massachusetts Assigned Claims Plan. This is a state-administered fund of last resort.

An attorney can help determine if you qualify and file the claim correctly.

Can You Sue the Uninsured Driver Personally?

Yes, technically. But recovering money from an individual with no insurance usually means trying to collect from their personal assets. Most uninsured drivers have limited assets, making personal lawsuits often financially futile.

Exceptions exist:

• If the uninsured driver has significant personal assets, real estate, or business interests
• If they were driving a company or employer-owned vehicle (employer liability may apply)
• If they were driving impaired (some states allow enhanced damages)

A lawyer can evaluate whether personal recovery is worth pursuing.

The Statute of Limitations Still Applies

Massachusetts gives you 3 years from the date of the accident to file a personal injury lawsuit. UM/UIM claims also have deadlines, and some policies require arbitration within specific timeframes. Do not delay.

Why You Need a Lawyer for UM/UIM Cases

• Your own insurance company is now the defendant. They will not treat you like a loyal customer.
• UM/UIM claims often require arbitration rather than a lawsuit. Different rules, different strategy.
• Policy interpretation matters. Coverage disputes hinge on precise language in your policy.
• Stacking coverage. If you have multiple vehicles on your policy, you may be able to stack UM limits to increase your recovery.
• Resident relative coverage. Sometimes you can access UM coverage on a household member's policy.
• Employer vehicle claims. If you were on duty, a workers' compensation claim may apply alongside UM/UIM.

Get a Free Consultation

If the other driver in your Springfield-area accident was uninsured or underinsured, don't leave your UM/UIM benefits on the table. Attorney Daniel A. Pava has represented accident victims throughout Springfield, Holyoke, Chicopee, West Springfield, and all of Hampden County for over 40 years, including many uninsured motorist cases. Free consultations are available in English and Spanish. No pressure. No obligation. No fees unless we win.

Phone: (413) 781-8700
Email: daniel@pavalaw.com
Office: 1380 Main Street, Suite 301, Springfield, MA 01103

Updated on: 04/19/2026