Legal Question in Personal Injury in Massachusetts
Hit and Run - Pedestrian
In April I was on a trip to Alpharetta, GA.. I was on an early morning walk from my hotel and while crossing a street was hit by a car. The car sped off. There were 43 ft of skid marks and I flew 15ft. through the air. Someone found me, called 911 and I was off to the hospital. My leg was broken in 4 places, mild concusion and numerous abrasions. I had surgery to repair the leg, (metal rod and screws). To date,(10/8/2002) the leg has still not healed and I remain on crutches. They never caught the driver so my question is since they didn't catch the driver am I out of luck regarding a lawsuit? thanks Margaret
2 Answers from Attorneys
Re: Hit and Run - Pedestrian
You may have what is known as an uninsured motorist case and be able to collect against your own automobile insurance coverage or the policy of anyone in your household (that term is carefully defined by law) who has uninsured motorist coverage. There are strict time limits.
I am in the process of updating our web site, www.FiorentiniLaw.com, to include uninsured motorist information. If you log on in a few days I will have that.
Meanwhile, if you have any questions or if we can be of assistance in any way, do not hesitate to contact us.
Atty Jim Fiorentini
Fiorentini Law Office.
www.FiorentiniLaw.com
1-800-834-6964
978 374-0596
Re: Hit and Run - Pedestrian
You were involved in a very serious accident and
you have my sympathy.
Cases involving hit and run drivers are generally
covered under Massachusetts uninsured and underinsured
motorist provisions of Massachusetts Standard Automobile
Insurance Policy. If you maintain insurance on your own
vehicle, there is a good chance that you would have
coverage under the uninsured motorist section of your
policy.
G.L.c. 175, Section 113L (1) (1994 ed.), states that
uninsured motorist coverage concerns protection of
persons "who are legally entitled to recover damages
from . . . hit-and-run motor vehicles" causing injury.
Uninsured motorist coverage is compulsory under
state law although the mimimum coverage amounts are
rather low.
If you purchased the optional "underinsured" motorist coverage,
you may also have additional coverage.
However, it is important that you notify your auto insurer
immediately that you have been a victim of a hit and run
accident. Under the policy, victim's of hit and run accidents
should notify their insurer within 24 hours (if possible)
of a hit and run accident.
You also may have a up to $8,000.00 for medical and wage losses
under the PIP section of your auto policy.
There are other possible avenues of insurance coverage that you
may wish to explore. Some states have permitted employees to
recover money from the underinsured or uninsured benefits provisions
of their employer's auto polices or their spouses employer's
automobile policies.
You may also have a claim to disability insurance benefits under any
disability insurance policy to which you are a beneficiary.
You may have other avenues of recovery as well.
Most lawyers and judges would advise against handling as substantial a
claim as you have without the assistance of an attorney.
Sincerely,
J. Whitfield Larrabee
617-566-3670