Visitor Question

Run off the road while driving my friend’s car…

Submitted By: MJ (Holyoke, MA)

I was driving my friend’s car on the highway when I was run off the road by another vehicle. I ended up crashing into the guardrail and then into the median. The other vehicle did not stop and cannot be identified.

I suffered a broken neck and ankle, along with a number of other injuries. Is my friend’s insurance liable for my personal injury claim? Is there anything else that can be done? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear MJ,

The State of Massachusetts is a “no-fault” insurance of state. This means a person injured in a car accident must turn to his or her own insurance company for compensation, and not the negligent driver’s insurance company.

While the facts you present clearly indicate there was a hit and run crash caused by the negligence of the other driver, that driver’s negligence will not form the primary’s basis of your injury claim

Under Massachusetts no-fault insurance law, every driver must carry Personal Injury Protection (PIP) coverage. In the State of Massachusetts, the minimum PIP insurance coverage a driver must carry is $8,000.00 dollars.

From the facts you present, the amount of $8,000 dollars won’t be nearly enough to cover your medical bills, out-of-pocket expenses (for medications, neck braces, etc.) and your lost wages. Pain and suffering compensation is not permitted under a no-fault insurance claim.

Hopefully, you or your friend also carry underinsured or uninsured motorist coverage. If so, you may turn to that coverage to receive additional compensation, up to the limits of the policies.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: August 21, 2014

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