… Especially when it’s caused by a serious car accident! When parties involved have ample insurance, payment for property damage/injury have a good chance of working out well. But often that’s not the case. It may be difficult to pay for medical costs when the personal injury in a car accident is caused by an uninsured/underinsured driver.
“In 2015, 13.0 percent of motorists, or about one in eight drivers, was uninsured, according to a 2017 study (latest data available) by the Insurance Research Council (IRC). The percentage has been rising since it hit a record low of 12.3 in 2010.”
In Massachusetts, a no-fault insurance state, your insurance company is liable for paying your medical bills and damages under Personal Injury Protection (PIP) coverage. PIP coverage is mandatory in Massachusetts; it covers up to the first $2,000 in medical expenses and up to $8,000 minimum per person for related damages, like 75% of lost wages and payment for needed professional services (nursing care, etc.).
Should people sue uninsured drivers?
Lawsuits can be difficult in no-fault states, even if the driver who caused the accident was obviously at fault. But in MA, a modified no-fault state, individuals are allowed the legal right to sue the at-fault party for non-monetary damages (pain and suffering) if they surpass $2,000 (costs may be substantially higher and may include disfigurement, disability, or death).
In MA, people can be held financially responsible if they’re at least 50% at fault in an accident, determined by one of the 19 Standards of Fault that insurance companies use.
It is important to consult an experienced Massachusetts personal injury attorney if you are the victim of a car accident that involved personal injury—BEFORE settling with an insurance company. A good lawyer can:
• Communicate with the other driver’s insurance company
• Obtain evidence regarding liability
• Organize medical records/bills
• Communicate with healthcare providers to get records that may be missing
• Work with doctors to ensure they provide medical information you need to prove damages in your claim
• Organize and present evidence for proof of liability/damages
• Negotiate with lien holders on your claim, e.g., health, disability, workers’ compensation insurers, to possibly reduce lien amount(s)
• Negotiate a satisfactory settlement with the insurance adjuster/defense attorney.
What about injuries caused by unlicensed drivers?
Surprisingly, unlicensed drivers involved in car crashes aren’t automatically liable simply because they’re driving without a license. Liability depends on negligence; to be liable, they must have acted carelessly in some way that caused the collision.
And on the other side of the coin, unlicensed drivers can still recover for damages and injuries from the driver at fault or his insurance company. A driver’s rights are not lost for driving without a license. (But there are penalties for driving without a license.)
“According to a study conducted by AAA Foundation for Traffic Safety, drivers without a valid license are responsible for 20 percent of all automobile accidents. This means that on average, a car accident with an unlicensed driver causes about 8,400 deaths in the U.S. per year.
This same study found that approximately three percent of all drivers are unlicensed and approximately 18 percent of fatal car and truck crashes involved an unlicensed driver. Out of that 18 percent, six and a half percent had a revoked or suspended license, just over one percent had a cancelled or expired license, and even more alarmingly, five percent had no license.”
Reasons for license suspension, revocation, or simply driving without a license are:
• DUI conviction
• Failure to maintain adequate automobile insurance
• Too many points on one’s license for moving violations
• Conviction of certain criminal offenses leading to lifetime revocation
• Teenagers too young to have a license
• Elderly people who failed a driving renewal exam due to age-related conditions
• License revocations for medical condition like seizures
• Immigrants in the U.S. who haven’t secured a driver’s license
Why Choose Attorney William Gillespie?
The Law Firm of William Gillespie has a demonstrated track record in getting injured clients MAXIMUM COMPENSATION for injuries they’ve sustained. If you’ve been injured in an accident—whether you were operator, passenger, or pedestrian—call us.
Don’t wait until you feel better—it will make your case more difficult. If you can’t come to us, we’ll come to YOU. We’ll handle everything while you recover. Personal injury claims are handled on a contingent fee basis—you pay no money up front!
We advise on all types of accidents, injuries, and negligence:
• Auto accidents
• Medical malpractice
• Construction accidents
• Wrongful death
• Slip & fall
• Dog bites
• Other injuries
In practice since 1996, Attorney William Gillespie is an active member of the Plymouth County Bar Association. He earned a BSBA degree from Stonehill College and Law degree from Southern New England School of Law. He volunteers time at the Brockton Division of the Probate and Family Court as a Family Court and Probate Attorney.
In addition to Personal Injury Law, William Gillespie practices Family Law/Divorce, Criminal Law/DUI, Immigration Law, Probate and Estates, Civil Litigation, and Real Estate Law.
We offer a FREE CONSULTATION. Call (781) 344-6998; email wgillespielaw.com; or visit our website www.gillespielaw.com.
Interpreters are available for the following languages: Cape Verdean, Haitian, Portuguese, and Spanish.
The foregoing should not be construed as legal advice.