Massachusetts · Uninsured driver · Updated Oct 2026

Hit by an uninsured driver in Massachusetts: coverage, penalties and what to do

Your coverage, the penalties and how to claim your losses.

Short answer

Your policy must include Bodily Injury Caused by Uninsured Auto, which covers you, household members and passengers if an uninsured or hit-and-run driver injures you. Required: bodily injury caused by an uninsured auto, at least $25,000 per person / $50,000 per accident.

Uninsured motorist (UM) coverage
Required
Minimum liability
25/50/30
Insurance system
No-fault
PIP required
$8,000

Uninsured motorist coverage in Massachusetts

Uninsured / underinsured motorist (UM/UIM)
Required: bodily injury caused by an uninsured auto, at least $25,000 per person / $50,000 per accident. Underinsured motorist coverage is optional.
Liability minimum
25/50/30 (policies written or renewed on or after July 1, 2025; previously 20/40/5), plus $8,000 PIP
Official text
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Compare every state in the minimum insurance table.

If the other driver has no insurance in Massachusetts

  • Your policy must include Bodily Injury Caused by Uninsured Auto, which covers you, household members and passengers if an uninsured or hit-and-run driver injures you.
  • Damage to your car from an uninsured driver is covered only if you have collision or other optional coverage.

No-fault benefits in Massachusetts

Massachusetts is a no-fault state for injuries: your own personal injury protection (PIP) pays your first medical bills and lost income, whoever caused the crash. You can sue the other driver for injuries only in some cases, described below. Every policy must include $8,000 of personal injury protection (PIP) per person. It pays medical bills, up to 75% of lost wages and replacement services, whoever caused the crash (Division of Insurance).

Recent changes in Massachusetts

  • Ch. 275 of the Acts of 2024: for policies written or renewed on or after July 1, 2025, the minimum limits rose to $25,000/$50,000 bodily injury to others, $25,000/$50,000 bodily injury caused by an uninsured auto, and $30,000 property damage.

How fast an insurer must handle a claim in Massachusetts

  • M.G.L. c.
  • 176D, § 3(9) makes it an unfair claim settlement practice to fail to acknowledge and act reasonably promptly on claim communications, or to fail to affirm or deny coverage within a reasonable time after proof of loss.
  • It also covers failing to make prompt, fair and equitable settlements when liability is reasonably clear.
  • The statute sets no fixed number of days.

Claiming from the uninsured driver in Massachusetts

Small claims limit for car damage in Massachusetts: $7,000; no dollar limit for property damage caused by a motor vehicle (confirmed in M.G.L. c. 218, § 21). Massachusetts small claims guide on Small Claims Map

Step by step if an uninsured driver hits you in Massachusetts

  1. Report the crash to the police. If anyone is hurt or killed, or damage to any one vehicle or property is over $1,000, send a copy of your written crash report to the police department where the crash happened. Reporting a crash in Massachusetts and getting the police report
  2. Write down the other car's plate and get witness names.
  3. Claim under your uninsured motorist coverage; in Massachusetts it is required.
  4. File your PIP claim on time; Massachusetts's no-fault benefits don't depend on who caused the crash.
  5. If your coverage doesn't pay everything, sue the driver before the deadline: 3 years for both property damage and injury. Deadlines to sue in Massachusetts, with the calculator

Free help in Massachusetts

Questions about uninsured drivers in Massachusetts

Is uninsured motorist coverage required in Massachusetts?

Required: bodily injury caused by an uninsured auto, at least $25,000 per person / $50,000 per accident. Underinsured motorist coverage is optional.

What can I do if an uninsured driver hits me in Massachusetts?

Your policy must include Bodily Injury Caused by Uninsured Auto, which covers you, household members and passengers if an uninsured or hit-and-run driver injures you. Damage to your car from an uninsured driver is covered only if you have collision or other optional coverage.

What is the minimum car insurance in Massachusetts?

25/50/30 (policies written or renewed on or after July 1, 2025; previously 20/40/5), plus $8,000 PIP

How long do I have to sue an uninsured driver in Massachusetts?

3 years for property damage and 3 years for injury.

How fast must an insurer handle a car insurance claim in Massachusetts?

M.G.L. c. 176D, § 3(9) makes it an unfair claim settlement practice to fail to acknowledge and act reasonably promptly on claim communications, or to fail to affirm or deny coverage within a reasonable time after proof of loss.

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