Boston Hit-and-Run Accident Attorney
Your Uninsured Motorist coverage treats that fleeing driver the same as someone with no insurance at all, opening the door to compensation for medical bills, lost wages, and pain and suffering.
The challenge isn’t whether you have a case, it’s building the evidence to prove what happened and forcing insurance companies to pay what they owe.
Our Boston hit-and-run lawyers start working immediately to track down surveillance footage, interview witnesses, and analyze physical evidence before it disappears. We know which businesses have cameras, how long the MBTA keeps recordings, and exactly what your insurance company needs to see before they’ll honor your claim.
At The Law Office of Burns Jain, our hit-and-run attorneys in Boston, Massachusetts help residents navigate the specific challenges of hit-and-run cases, from meeting the physical contact requirements for phantom vehicle claims to using Chapter 93A when insurers act in bad faith.
The driver who hit you may be gone, but your right to compensation remains.
How The Law Office of Burns Jain Helps With Your Hit-and-Run Accident Claim in Boston
When a driver flees the scene after hitting you, it doesn’t mean your case is hopeless. We immediately launch a comprehensive investigation to identify the responsible driver and build a strong compensation claim on your behalf.
Our investigation begins within hours of your call and includes several critical steps:
- Police Report Analysis: We obtain the official crash report, witness statements, and any evidence collected at the scene.
- Surveillance Recovery: Our team contacts nearby businesses, traffic cameras, and the MBTA to secure footage before it’s deleted.
- Physical Evidence: We photograph vehicle damage, debris patterns, and road conditions that can help identify the fleeing vehicle.
- Witness Interviews: We locate and interview anyone who saw the accident or the fleeing driver.
The sooner our Boston car accident lawyers begin this process, the better your chances of a successful outcome. Evidence disappears quickly, so time is critical in hit-and-run cases.
What Is a Hit-and-Run Under Massachusetts Law?
A hit-and-run occurs when a driver involved in an accident leaves the scene without stopping to exchange information or render aid. Massachusetts General Laws Chapter 90, Section 24 requires all drivers to stop after any collision that causes property damage or injury.
The law is clear about what drivers must do after an accident. They must provide their name, address, and vehicle registration to the other party or police. If someone is injured, the driver must also offer reasonable assistance, including calling for medical help.
Leaving the scene is a criminal offense in Massachusetts. However, our focus is on your civil rights and getting you the compensation you deserve for your injuries and losses.
Who Pays After a Hit-and-Run in Massachusetts
Your own auto insurance policy provides the primary source of compensation after a hit-and-run accident. Massachusetts requires all drivers to carry Personal Injury Protection (PIP) coverage, which pays up to $8,000 for medical bills and lost wages, regardless of who caused the accident.
Beyond PIP benefits, your Uninsured Motorist coverage becomes crucial in hit-and-run cases. This coverage treats the fleeing driver as an uninsured motorist and pays for damages they would have been responsible for, including pain and suffering compensation.
Many people don’t realize they have this protection built into their auto policy. We review your specific coverage limits and fight to ensure your insurance company honors every benefit you’re entitled to receive.
What to Do Right Now After a Hit-and-Run in Boston
The actions you take immediately after a hit-and-run can make or break your compensation claim. Each step protects your legal rights and preserves evidence that may disappear forever.
Call 911 and Report the Crash
Contact the Boston Police Department immediately, even if your injuries seem minor. The responding officer will create an official report that serves as crucial evidence for your claim. Provide any details you remember about the other vehicle, including color, make, model, or license plate numbers.
Seek Medical Attention Promptly
Visit an emergency room or urgent care facility as soon as possible after the accident. Adrenaline can mask serious injuries, and some conditions like concussions or internal bleeding may not show symptoms immediately. Tell the medical staff about every ache, pain, or discomfort you’re experiencing.
Document Everything at the Scene
If you’re physically able, take photos of your vehicle damage, the accident scene, and any visible injuries. Look for vehicle parts, glass, or paint left behind by the other car. Get contact information from any witnesses who saw what happened.
Contact Our Boston Hit-and-Run Lawyers Before Speaking to Insurance
Insurance companies often try to minimize payouts by getting you to make statements that hurt your case. Don’t provide recorded statements or sign any documents until you’ve spoken with an attorney who can protect your interests.
Time is critical in hit-and-run cases. Contact The Law Office of Burns Jain for immediate legal guidance.
How Uninsured Motorist Coverage Works After a Hit-and-Run
Uninsured Motorist coverage is your safety net when the at-fault driver cannot be identified or located. This coverage treats hit-and-run drivers the same as drivers who have no insurance at all.
To qualify for Uninsured Motorist benefits in a “phantom vehicle” case, you must meet specific requirements. Massachusetts law requires either physical contact between the vehicles or an independent witness who can verify that another driver caused your accident.
Insurance companies frequently challenge these claims by arguing there’s insufficient proof another vehicle was involved. They may claim you simply lost control of your car or hit a fixed object.
Our Boston hit-and-run attorneys know how to build the evidence needed to overcome these challenges and force your insurer to pay what you deserve.
| Coverage Type | Maximum Benefit | When It Applies |
| Personal Injury Protection (PIP) | $8,000 for medical bills and lost wages | Immediate coverage regardless of fault |
| Uninsured Motorist (UM) | Varies by policy limits | After proving hit-and-run occurred |
| Property Damage | Varies by policy | Covers vehicle repairs or replacement |
Do I Qualify for Pain and Suffering in Massachusetts?
You can pursue pain and suffering compensation if your injuries meet Massachusetts’ tort threshold under Chapter 231, Section 6D; this means you must have either $2,000 or more in reasonable medical expenses or suffer specified serious injuries.
The law recognizes several types of serious injuries that automatically qualify you for pain and suffering damages. These include bone fractures, permanent disfigurement, substantial loss of sight or hearing, or any injury that significantly impacts your daily life.
Meeting the tort threshold opens the door to much larger compensation beyond your PIP benefits. Pain and suffering awards can be substantial, especially in cases involving permanent injuries or long-term disability.
What Compensation Can You Recover After a Hit-and-Run
Hit-and-run victims can recover both economic and non-economic damages when their injuries meet the legal threshold. Economic damages cover your actual financial losses, while non-economic damages compensate you for the physical and emotional impact of your injuries.
Your compensation may include several categories of damages:
- Medical Expenses: All reasonable treatment costs, including future medical care.
- Lost Income: Wages you’ve missed and future earning capacity you’ve lost.
- Pain and Suffering: Compensation for physical discomfort and emotional distress.
- Property Damage: Vehicle repairs, replacement costs, and damaged personal items.
The total value of your case depends on the severity of your injuries, the impact on your daily life, and your policy limits, which all factor into how much your personal injury claim is worth.
How Long Do You Have to File a Hit-and-Run Claim?
Massachusetts gives you three years from the date of your accident to file a personal injury lawsuit under the statute of limitations. However, insurance claim deadlines are much shorter and vary depending on your specific policy terms.
Most auto insurance policies require “prompt notice” of hit-and-run accidents to preserve your Uninsured Motorist benefits. This generally requires prompt notice to your insurer after the accident, though the exact time frame depends on your specific policy.
Missing these deadlines can completely bar your claim, leaving you without any path to compensation. That’s why it’s crucial to contact an experienced attorney immediately after your accident to ensure all deadlines are met and your rights are protected.
Common Hit-and-Run Scenarios We Handle in Boston
Our attorneys have successfully represented clients injured in various types of hit-and-run accidents throughout Boston and surrounding communities. Each type of accident presents unique challenges in proving fault and securing compensation.
We regularly handle personal injury cases involving:
- Pedestrian Accidents: Walkers struck in crosswalks, on sidewalks, or while crossing streets.
- Bicycle Crashes: Cyclists hit by drivers who fail to share the road safely.
- Rear-End Collisions: Drivers who flee after striking vehicles from behind.
- Sideswipe Accidents: Unsafe lane changes that cause crashes and property damage.
- Parking Lot Incidents: Hit-and-run crashes in shopping centers and residential areas.
Each scenario requires a different investigative approach and legal strategy. Our experience handling all types of hit-and-run cases means we know exactly how to build the strongest possible claim for your specific situation.
Injuries We See in Hit-and-Run Cases
Hit-and-run accidents often result in serious personal injury because the impact catches victims completely off guard. Without time to brace for impact, your body absorbs the full force of the collision, leading to more severe trauma.
Common injuries in these cases include traumatic brain and spinal cord injuries, broken bones, and internal organ damage. Many victims also experience post-traumatic stress disorder (PTSD) from the trauma of being abandoned at the accident scene.
Don’t minimize your symptoms or assume they’ll go away on their own. Even seemingly minor injuries can develop into chronic conditions that affect your quality of life for years to come.
How We Use Chapter 93A and 176D Against Unfair Insurance Tactics
Massachusetts consumer protection laws give us powerful tools to fight insurance companies that act in bad faith. Chapter 93A prohibits unfair and deceptive business practices, while Chapter 176D specifically addresses unfair claim settlement practices by insurers.
When your insurance company wrongfully denies, delays, or undervalues your hit-and-run claim, we can demand that they act fairly under these laws. If they continue their bad faith conduct, you may be entitled to multiple damages and attorney’s fees on top of your original claim.
These laws level the playing field between injured individuals and large insurance corporations. We’re not afraid to use every legal tool available to ensure you receive fair treatment and full compensation.
Can We Help If a Prior Lawyer Missed Deadlines or Dropped Your Case?
We can help if your previous attorney failed to properly handle your hit-and-run case. The Law Office of Burns Jain was founded specifically to help clients harmed by legal malpractice, and we have decades of experience holding negligent lawyers accountable.
Common attorney failures in hit-and-run cases include missing the deadline to file your Uninsured Motorist claim, failing to properly investigate the accident, or neglecting to preserve crucial evidence. These mistakes can cost you thousands of dollars in lost compensation.
We’ll evaluate both your original hit-and-run claim and your potential legal malpractice case to determine the best path forward. Our unique expertise in both personal injury and legal malpractice law gives us the ability to pursue every avenue of recovery available to you.
If your attorney’s mistakes harmed your hit-and-run case, call 617-362-7100 for a confidential legal malpractice consultation.
What Happens in Your Free Consultation
When you contact our firm, you’ll speak directly with an experienced attorney, not a paralegal or intake specialist. We listen carefully to your story and ask detailed questions about your accident, injuries, and any previous legal representation.
During the consultation, we review your insurance policies to understand your available coverage and explain your legal options in plain English. We also discuss our fee structure and answer any questions you have about the legal process.
You’ll leave the consultation with a clear understanding of your case’s strengths and challenges, along with our honest assessment of what compensation you might expect. There’s no pressure to hire us, and you’re free to take time to make your decision.
Why Choose The Law Office of Burns Jain?
Our attorneys represent injured people in Boston’s courts and before insurance companies. Our deep experience with insurance bad faith claims means we know exactly how to pressure companies into fair settlements.
Unlike other personal injury firms, we also specialize in legal malpractice cases. This unique combination allows us to help clients who have been failed not just by the person who hit them, but by the lawyer they trusted to help them recover.
We handle every case personally, never passing your file off to junior associates or paralegals. When you call our office, you speak directly with the attorneys handling your case, ensuring nothing falls through the cracks.
Free Consultation With a Boston Hit-and-Run Lawyer
You didn’t ask to be hit by a driver who fled the scene, and you shouldn’t have to fight the insurance companies alone. The Law Office of Burns Jain is here to level the playing field and ensure you receive every dollar of compensation you deserve.
We handle all hit-and-run cases on a contingency fee basis, which means you pay nothing unless we recover money for you. This allows you to focus on your recovery while we handle the legal complexities of your case.
Call us today at 617-362-7100 or contact us online to schedule your free, confidential consultation. Our office is conveniently located at 6 Beacon Street in Boston, and we’re available to meet with you at your convenience.
Frequently Asked Questions
Do I Need to File an RMV Crash Operator Report After a Hit-and-Run?
Under Massachusetts law, you must file a Motor Vehicle Crash Operator Report with the Registry of Motor Vehicles within five days if anyone is injured or killed, or if property damage exceeds $1,000.
Will PIP Cover My Medical Bills If the Hit-and-Run Driver Is Never Found?
Yes, your Personal Injury Protection benefits will cover your medical expenses and lost wages up to your policy limits, regardless of whether the fleeing driver is ever identified or caught.
How Can I Prove a Hit-and-Run Happened If There Was No Physical Contact?
Massachusetts law requires either physical contact between vehicles or an independent witness who can verify that another driver’s actions caused your accident in cases where vehicles didn’t actually touch.
What Should I Do If My Insurance Company Denies My Uninsured Motorist Claim?
If your insurer wrongfully denies your claim, we can file a demand under Massachusetts consumer protection laws to compel fair treatment and potentially recover multiple damages for their bad faith conduct.
Can I Still Recover Compensation If the Police Never Found the Other Driver?
Yes, your Uninsured Motorist coverage is specifically designed to protect you when the at-fault driver cannot be identified, as long as you can prove another vehicle caused your accident.
What If My Previous Lawyer Failed to File My Insurance Claim on Time?
If your attorney’s negligence caused you to miss important deadlines, you may have both a legal malpractice claim against your lawyer and options to still pursue your original hit-and-run case.
How Much Does It Cost to Hire a Hit-and-Run Lawyer in Boston?
We handle all hit-and-run cases on a contingency fee basis, meaning you pay no attorney’s fees unless we successfully recover compensation for your injuries and losses.