A reckless driver strikes you while you cross near Faneuil Hall and then races away without stopping to help. You can find financial help even if the driver is never found and you do not own a car.
If you do not have household car insurance, the Massachusetts Assigned Claims Plan provides a way to pay for your care and your losses. A pedestrian accident lawyer at Altman-Nussbaum-Shunnarah Trial Attorneys pursues every possible option to find the money you need after a cowardly hit-and-run accident.
Knowing how the state fund works allows you to seek a recovery for your medical bills and your physical pain. We take the fight to the insurance entities and state programs to demand the accountability you deserve.
We do not let a fleeing driver stop us from seeking justice for your injuries.
Core Concepts:
- The Massachusetts Assigned Claims Plan (MACP) provides up to $8,000 in Personal Injury Protection for medical bills and lost wages to pedestrians without household insurance.
- Survivors of hit-and-run crashes can seek additional money for physical pain and suffering through the state fund if they meet specific injury requirements.
- Police reports must be filed immediately to verify the incident and qualify for state-managed benefits.
- Pedestrians who live in a household with a car owner must first file claims through that existing auto insurance policy rather than the state fund.
- Strict deadlines apply to MACP claims, and missing these dates results in the loss of all state-provided assistance.
These facts provide a safety net for people who believe they have no way to pay for their recovery after a crash.
The Massachusetts Assigned Claims Plan: Your Safety Net
Most people in Boston believe that if they do not own a car, they cannot access auto insurance benefits. This is a common mistake that insurance companies do not correct.
The state created the Massachusetts Assigned Claims Plan to protect pedestrians and cyclists who are hit by unidentified or uninsured drivers. This plan serves as a backup for people who have no other insurance, especially in situations involving common causes of pedestrian accidents such as hit-and-run crashes or uninsured drivers.
- This fund provides Personal Injury Protection, which people call PIP, to pay for your hospital visits and medication.
- MACP covers you if you do not own a car and do not live with any relative who owns a vehicle.
- The plan assigns your claim to a private insurance company that handles the payments just like a standard policy.
The laws found in Massachusetts General Laws Chapter 90 Section 34M describe how PIP benefits work for injured people. This program ensures that you can receive treatment even when the driver who hit you is a coward who fled the scene. We handle the paperwork to get you enrolled in this plan and fight for every dollar available.
Using Uninsured Motorist Coverage First
If you own a car or live with a family member who does, you do not use the state fund. Instead, you look to the Uninsured Motorist coverage on that household policy. Uninsured Motorist coverage, or UM, is a part of your insurance meant to pay for your injuries when a hit-and-run driver cannot be found.
Under Massachusetts General Laws Chapter 175 Section 113L, this coverage is mandatory in our state.
- UM coverage follows you even when you are walking near the Boston Common or the Public Garden.
- Your insurance company must pay your claim as if it represented the driver who hit you.
- Our team fights your own insurance company if they try to deny your claim or offer a low settlement.
Insurance companies often treat their own customers poorly after a hit-and-run. We do not let them get away with devaluing your claim just because the other driver is missing. We hold your insurer to the promises they made in your policy and demand a fair recovery for your suffering.
Evidence Needed to Secure Your Recovery
Securing funds from the MACP or a UM policy requires proof that the accident occurred. Since the other driver is gone, the evidence you gather at the scene and immediately after becomes the most important part of your case.
We move fast to find witnesses and data that support your story of the collision.
- Filing a police report right away is a requirement for almost every hit-and-run claim.
- Our team looks for video footage from city traffic cameras or security systems at local shops near the North End.
- We collect statements from people who saw the car flee or who can describe the make and model of the vehicle.
Factual proof prevents the insurance company from claiming you made up the story or that you fell on your own. We build a wall of evidence that shows the hit-and-run was a real event caused by a negligent driver, even when pedestrians always have the right of way in marked crosswalks and traffic areas. We take the burden of proof off your shoulders while you stay home to heal.
Overcoming the $2,000 Tort Threshold
To seek money for pain and suffering from the state fund or your own UM policy, you must meet the tort threshold. This is a legal limit that determines if you can sue for the non-financial impact of your injury.
If you do not meet this limit, the law restricts you to only getting your medical bills and lost wages paid.
- You meet the threshold if your reasonable medical expenses are more than $2,000.
- A broken bone, permanent disfigurement, or loss of sight also allows you to seek money for pain and suffering.
- We use medical records and expert opinions to show the court that your injuries meet these requirements.
We refuse to let the insurance adjusters downplay your physical pain. We prove the severity of your injuries through a legal lens to increase the value of your case. Our goal is to secure the maximum recovery permitted by law for your specific situation.
How Technology Helps in Hit-and-Runs
Technology has become a powerful ally for pedestrians hurt by hit-and-run drivers. In cities like Boston, digital tools provide evidence when witnesses are scarce, and this information can strengthen the pedestrian accident lawyer help you receive when pursuing your claim.
Modern advancements now help piece together what happened during the chaos of a crash, uncover the identity of fleeing drivers, and support your claim for recovery.
- Public and Business Cameras: Many of Boston’s busiest streets and intersections are watched by city traffic cameras, ATM and bank cameras, and storefront security systems. These devices often capture crucial footage, such as the make, model, and direction of the fleeing vehicle. Our team acts quickly to request and preserve this video before it can be automatically deleted.
- Doorbell Cameras and Home Security: In residential neighborhoods, smart doorbell cameras like Ring or Nest act as a modern neighborhood watch. These record motion automatically, sometimes catching the car as it speeds away. Audio evidence from these devices can also capture sounds of the crash, helping prove how it happened.
- Dashcams: Vehicles on the road, especially those belonging to rideshare drivers or cautious owners, frequently use dashcams. Some even record while the car is parked. Appealing to the public for dashcam footage has helped many victims secure clear, unbiased evidence of a hit-and-run.
- Smartphones: Your phone is a valuable tool after an accident. GPS data from maps or fitness trackers can confirm your location at the time of the crash, while photos and videos taken immediately can document the scene, show property damage, and record your injuries. Health and activity trackers may also provide data that supports your claim.
- Digital Footprints and Social Media: Sometimes, those responsible for a hit-and-run reveal crucial details online. Our investigators look for social media posts or location check-ins that might correspond to the time and place of your accident. We analyze these digital traces to help identify the at-fault driver.
Digital evidence can disappear quickly as footage gets deleted or overwritten, and memories fade. Acting fast is essential to capturing and preserving the information that could determine the outcome of your case and influence what your pedestrian accident case worth may be.
Using these technological tools ensures that hit-and-run drivers are held accountable and that you have the best possible chance for justice. If a driver hit you and fled, do not assume there is no proof. The evidence may be sitting on a server or a memory card nearby.
Contact Altman-Nussbaum-Shunnarah Trial Attorneys immediately for a free case evaluation. We will move instantly to preserve the digital evidence that proves your case and secures the compensation you need to recover.
The Duty of the Police and Private Investigators
The police have a duty to investigate hit-and-run crimes, but they often have too many cases to focus on yours for long. We do not wait for the police to find the driver. We use our own private investigators to track down leads and find the person who hit you.
- We check local repair shops to see if anyone brought in a car with damage that matches your accident.
- Our investigators look for doorbell camera footage from homes near the crash site in neighborhoods like the Back Bay.
- We follow up on partial license plate numbers provided by witnesses at the scene.
Finding the driver allows us to sue them directly and access their full insurance policy. If we find them, the case moves from the state fund to a standard personal injury lawsuit. We use every resource to hold the runner accountable for their reckless and illegal choices.
FAQs
How much money can I get from the Massachusetts Assigned Claims Plan?
The plan provides up to $8,000 for medical bills and lost wages through PIP. If you meet the tort threshold, you can also seek up to $20,000 for your pain and suffering. This is a limited amount of money, but it provides a vital baseline for people with no other options. We fight to get you every cent the plan allows.
What if I was hit while walking to work in South Boston?
If the accident happened during your work hours or while you were performing a task for your employer, you might also have a workers’ compensation claim. This would be in addition to any claims through the MACP or your own auto insurance. We investigate every potential source of money to cover your losses and protect your family.
Does the state fund pay for my broken phone or torn clothing?
The Massachusetts Assigned Claims Plan focuses on personal injuries rather than property damage. It generally does not pay for items that were destroyed in the crash. However, if we find the driver, we can pursue them for the cost of everything they broke, including your phone, bike, or clothing.
How long do I have to file a claim with the MACP?
You should file as soon as possible, as the state fund has strict notice requirements. While the standard statute of limitations for injuries is three years, waiting too long makes it much harder to prove the hit-and-run occurred. We recommend starting the process within days of the accident to ensure all evidence is preserved.
Will my insurance rates go up if I file a hit-and-run claim?
No, Massachusetts law prevents insurance companies from raising your rates for a claim where you were not at fault. Since a hit-and-run driver is the negligent party, using your Uninsured Motorist coverage should not impact your monthly premiums. We help you use the benefits you have already paid for without fear of punishment from your insurance company.
Force the Negligent Parties to Pay for Your Recovery
A hit-and-run driver believes they can escape accountability by racing away from the scene. Our attorneys prove them wrong by finding the insurance coverage you need to move forward.
At Altman-Nussbaum-Shunnarah Trial Attorneys, we have recovered over $1,000,000,000 for our clients because we never stop looking for the money they deserve. We take on the difficult cases and fight for the people of Boston.
Contact Our Boston Trial Attorneys for a Free Case Evaluation
If you have been hurt by a driver who fled the scene, do not assume you are out of luck. Reach out to our team at Altman-Nussbaum-Shunnarah Trial Attorneys to discuss your rights and the Massachusetts Assigned Claims Plan. We handle the investigation and the legal paperwork so you can focus on your health and your family.
Contact us today and let a fierce advocate start the battle for the money you need for your recovery.
