If you were injured in a car accident caused by an uninsured or underinsured driver, you may feel frustrated and uncertain about how to recover compensation for your damages. Uninsured motorist claims in Massachusetts can provide a path forward through your own insurance policy. Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. assists Massachusetts residents with uninsured motorist claims and works to pursue available compensation.
Why Choose Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. for Your Uninsured Motorist Claim
When you file an uninsured motorist claim, it helps to work with an attorney familiar with Massachusetts insurance law and the claims process. Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. has experience handling UM and UIM claims for injured drivers and passengers throughout Massachusetts. The firm works with clients to review applicable policies, document injuries, and prepare claims for submission and negotiation.
Fee structures and case handling may vary. You can contact Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. to confirm whether your matter may be handled on a contingency basis or another arrangement, and what costs or fees may apply. Our team of experienced attorneys is ready to discuss your case.
What Is Uninsured Motorist Coverage in Massachusetts?
Understanding UM vs. UIM Coverage
Massachusetts law requires drivers to carry uninsured motorist (UM) coverage as part of their auto insurance policies. This coverage applies if you are injured by a driver who does not have insurance. UM coverage can apply to medical bills, lost wages, pain and suffering, and other damages, up to your policy limits.
Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their limits are not sufficient to cover your damages. For example, if the other driver has $20,000 in bodily injury coverage and your damages total $75,000, UIM coverage may help cover the remaining losses, subject to your policy terms. UIM coverage is optional in Massachusetts.
Massachusetts sets minimum UM coverage limits, though policy limits and requirements can change. You should review your specific policy or confirm current limits with your insurer or attorney. For more information on car accident claims in Massachusetts, consult with an experienced attorney.
When You Can File an Uninsured Motorist Claim
You may be able to file an uninsured motorist claim in situations such as:
- Hit-and-run accidents where the other driver cannot be identified
- Accidents involving drivers who carry no insurance
- Accidents involving underinsured drivers (typically through UIM coverage)
- Situations where the responsible driver cannot be determined
- Accidents involving uninsured vehicles
UM coverage may extend to you as the policyholder, as well as certain passengers or household members, depending on your policy. Understanding when you can file a UM claim is essential to protecting your rights.
What Damages Can You Recover?
An uninsured motorist claim may include several categories of damages. Medical expenses often form a significant portion, including hospital care, treatment, rehabilitation, and ongoing care where applicable.
Lost wages may be recoverable if your injuries affect your ability to work. In some cases, reduced earning capacity may also be considered. Pain and suffering damages may apply to physical pain, emotional distress, and changes to your quality of life. Property damage may also be addressed, depending on your coverage.
The amount available in a claim depends on factors such as your injuries, treatment, financial losses, and policy limits. Insurance carriers evaluate these elements when assessing claims. View our case results and settlements to see how we have recovered compensation for clients.
The Uninsured Motorist Claims Process
Filing an uninsured motorist claim typically involves several steps. First, report the accident to your insurance company and provide available details. Understanding the personal injury claim timeline can help you stay on track.
Next, gather documentation such as medical records, bills, receipts, photographs, and any police reports or witness information. How to gather evidence for your claim is critical to building a strong case.
You then submit your UM claim to your insurer. An adjuster will review the materials and evaluate liability and damages. Many claims are resolved through negotiation. If an agreement cannot be reached, the matter may proceed to arbitration or litigation, depending on the policy and circumstances.
Massachusetts law generally allows up to six years to bring certain contract-based claims, though earlier action is often advisable. Learn more about what to do after a car accident in Massachusetts.
Common Questions About Uninsured Motorist Claims
Do I need uninsured motorist coverage in Massachusetts?
Yes. Massachusetts requires drivers to carry uninsured motorist coverage as part of their auto insurance policy. According to Massachusetts General Laws Chapter 90, Section 34J, all auto insurance policies must include UM coverage. This is a mandatory protection for all drivers in the state.
What if the other driver has some insurance but not enough?
That situation may involve underinsured motorist coverage. If applicable, your UIM policy may help cover remaining damages within your coverage limits. Bad faith insurance practices can sometimes prevent fair claim resolution, and an attorney can help protect your rights.
Can I sue the uninsured driver directly?
You can pursue a lawsuit against an uninsured driver, but recovery may be limited if the individual lacks assets. UM coverage allows you to pursue compensation through your own insurer, subject to your policy. Understanding your legal options is important when dealing with uninsured drivers.
How long do I have to file a UM claim?
Massachusetts law generally provides a six-year period for contract-related claims such as UM/UIM claims. You should still notify your insurer promptly and review any deadlines in your policy. How long do you have to file a personal injury lawsuit in Rhode Island provides additional guidance on claim timelines.
Will my rates increase if I file a UM claim?
Insurance rate impacts vary by insurer and individual policy. In some cases, a UM claim may not affect rates if you were not at fault, but you should confirm with your insurance provider. How to report a car accident to insurance can help you navigate this process properly.
What if I was partially at fault for the accident?
Massachusetts follows a comparative negligence rule. If you are partially at fault, your recovery may be reduced by your percentage of fault, provided you are not more than 50% responsible. Understanding comparative negligence in Rhode Island explains how this legal principle works.
How much is my uninsured motorist claim worth?
The value of a claim depends on factors such as injury severity, treatment, financial losses, and policy limits. Outcomes vary widely based on the facts of each case. What is the average car accident settlement in Rhode Island provides insight into typical settlement ranges.
Contact Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. for Your Free Consultation
If you were injured by an uninsured or underinsured driver in Massachusetts, you can contact Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. to discuss your situation and learn about your options. Call 508-491-1025 to schedule a consultation. Availability of free consultations and fee structures should be confirmed directly with the firm.