Car accidents are always stressful, but Boston hit and run collisions are particularly problematic. At the Law Offices of Michael O. Smith, we have assisted numerous motorists throughout Boston with understanding their legal rights and navigating the insurance claims process following a crash. We are ready to put our extensive experience to use for you to ensure that you receive the just outcome that you deserve.
In a recent case (Christian Cardona v. Encompass Insurance Company, No. 17-P-358), the plaintiff was a passenger in a vehicle driven by his mother when the vehicle was struck from behind by another car, which then fled the scene. The mother followed the car as it fled the scene and the plaintiff was able to record the vehicle registration number. After reporting the accident, the plaintiff obtained the identity of the vehicle’s owner from the Registry of Motor Vehicles database. The plaintiff filed a claim for insurance benefits with the registered owner’s insurer. The insurance company denied the claim, indicating that its insured was not responsible for the crash and that the owner denied being involved in the accident.
The plaintiff then sought uninsured motorist benefits from the insurer that provided a policy for his mother’s vehicle, stating that because the other insurer denied the claim he was the victim of a hit and run accident. This insurer also denied the claim and the plaintiff filed an action compelling arbitration. The insurer filed a motion to dismiss and a motion for summary judgment and the plaintiff filed a cross-motion for summary judgment. The reviewing court granted the insurer’s motion to dismiss and the plaintiff appealed.