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Understanding Uninsured and Underinsured Motorist Coverage in Massachusetts

Uninsured/Underinsured Motorist Coverage in Massachusetts

By Joseph F. De Leo, Esq.


     Many people are confused today as to the type and amount of automobile insurance coverage necessary to protect them in the event of an injury arising out of an automobile accident by an uninsured or underinsured automobile as noted by recent news stories concerning people injured by vehicles which did not have adequate insurance coverage.  This article will briefly survey the portion of your own Massachusetts automobile insurance policy which may benefit you should you be injured in an automobile accident and the types and amounts of coverage you may want to increase beyond compulsory amounts prescribed by Massachusetts law.  Future articles will review what insurance coverage and amounts are necessary should you be involved in an accident for which you are deemed liable and coverage amounts that affect damage to your automobile, property and damage to other people’s property or vehicles.

     The first part of your insurance policy to be considered is Part 3 of your Massachusetts auto policy which deals with bodily injury caused by an uninsured auto.  Sometimes an owner or operator of an automobile legally responsible for an accident is uninsured or involves an unidentified hit-and-run vehicle.  Under this part your own insurer will pay damages to you if you are injured by such an uninsured or hit-and-run automobile if the owner or operator cannot be identified.  Under Massachusetts law this part of your policy is compulsory in that your must carry limits of at least $20,000.00 per person and $40,000 for as many persons injured in a single accident.  However, this is often not adequate to cover pain and suffering damages, excess medical expenses, or cover your lost wages if you should suffer even a moderate injury.  With the high cost of medical care which is often not completely covered by health insurance and many times surpasses the $8,000.00 limit that your auto insurer will pay for medical expenses and lost wages, it is to your benefit and peace of mind to carry at least $100,000 in uninsured motorist coverage.  In addition, this part of your policy will also cover members of your household who are related to you who do not have an insurance policy of their own, such as a child, spouse or an elderly parent, and so they too will also benefit if you select a greater coverage amount.

     Similarly Part 12 of your Massachusetts automobile insurance Policy deals with bodily injury caused by an underinsured auto.  Many time people are injured in an accident as a driver, passenger or pedestrian by a vehicle which does not have adequate insurance coverage.  Since Massachusetts law again only requires compulsory coverage in the amount of $20,000.00 per person and $40,000.00 per accident this amount again is often not enough to cover your damages should you be injured by a vehicle which carries only such minimum coverage.

     For example, recently the Boston Globe published a series of articles concerning injuries caused by taxicabs and how they are allowed under Massachusetts law to carry the minimum $20,000 in bodily injury coverage per person and $40,000 coverage per accident regardless of the number of people injured.  In such a situation where you are injured either by or while a passenger in a taxicab, if you secure greater than $20,000.00 in underinsurance coverage in your own policy you will be able to claim the amount of such coverage in excess of the responsible taxi’s insurance limits of $20,000.00 from your own insurer.  In addition, should you collect any such excess monetary damages from your own automobile insurer, you will not be subject to any surcharge or suffer any rate increase since you are not responsible for the accident in the first place.  Thus, again it is beneficial to carry at least $100,000 in underinsurance coverage which also will cover your household family members who don’t have policies of their own.

     Finally another area where it is important to purchase additional coverage is Part 6 of your Massachusetts policy which deals with medical payments.  Regardless of who is liable for an automobile accident which results in you being injured, Part 2 of your Massachusetts automobile policy also known as the Personal Injury Protection or “PIP” section of your policy will pay the first $2,000.00 in medical bills to a maximum of $8,000.00 should you not have private health insurance or should your treatment not be covered under private health insurance. Medical payments coverage which you can purchase in $5,000.00 increments will provide you with extra coverage to pay your medical expenses regardless of fault for usually a very modest premium.  Thus, even though it is not compulsory under Massachusetts law, it is to your advantage to carry at least $5,000.00 or better yet $10,000.00 in medical payments coverage.

The above is just a brief outline of additional coverage you should consider when purchasing automobile insurance in Massachusetts.  Your particular needs may require special consideration as no two policy holders may need the same type of coverage.  Therefore, it would be best to consult your agent or an attorney experienced in these matters in order to understand your options and how they will affect you should you be injured in an automobile accident.  If you have any questions about your Massachusetts automobile insurance policy and to determine whether you have adequate coverage my office is always available to answer your questions and provide a free consultation.


Attorney Joseph F. De Leo is a lawyer with over twenty eight years experience handling personal injury claims serving the entire greater Boston area.  He can be reached at jdeleo@deleolaw.com or by visiting deleolaw.com
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Location: Cambridge, MA, USA

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