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


Asked on 10/08/02, 9:55 am

2 Answers from Attorneys

James Fiorentini Fiorentini Law Office

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

[email protected]

1-800-834-6964

978 374-0596

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Answered on 10/08/02, 10:41 am
J. Whitfield Larrabee J. Whitfield Larrabee

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

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Answered on 10/08/02, 11:01 am


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