Underinsured Motorist Lawyer in Massachusetts

Underinsured Motorist Coverage: Bridging the Gap

Even when the at-fault driver carries auto insurance, their coverage limits may be insufficient to fully compensate you for serious injuries. Massachusetts minimum liability limits are relatively modest, and drivers who carry only minimum coverage may have policies that fall far short of your actual medical expenses, lost wages, and pain and suffering in a serious accident. Underinsured motorist (UIM) coverage on your own auto insurance policy is specifically designed to bridge this gap. Attorney Jeffrey C. Lavey represents UIM claimants throughout Massachusetts and pursues every dollar of available coverage.

How UIM Coverage Works in Massachusetts

Massachusetts UIM coverage pays the difference between what the at-fault driver’s insurance actually pays you and your UIM policy limits, up to the full UIM limit. Before your UIM coverage is triggered, you must exhaust the at-fault driver’s liability coverage, meaning you must settle with or obtain a judgment against the at-fault driver for their full policy limits. Once you have done that, your own UIM insurer pays the difference up to your own UIM limits. Attorney Lavey coordinates the sequencing of these claims and manages the process of triggering UIM coverage correctly.

Notifying Your Insurer Before Settling with the At-Fault Driver

One of the most important procedural steps in a UIM claim is notifying your own insurance company before you accept the at-fault driver’s policy limits in settlement. Failure to provide this notice may allow your insurer to argue that it was deprived of the opportunity to protect its subrogation interest, which can complicate or jeopardize your UIM claim. Attorney Lavey handles this notification as part of the coordinated settlement process in every UIM case, ensuring no procedural steps are missed.

When UIM Coverage Makes a Critical Difference

UIM coverage becomes most important in cases involving serious injuries where the at-fault driver carries minimum or near-minimum coverage. A driver with a $20,000 liability policy who causes a crash resulting in $200,000 in medical bills and lost wages leaves a $180,000 gap. If the injured person carries $100,000 in UIM coverage, that gap can be partially filled. Carrying adequate UIM limits is one of the most important insurance decisions a Massachusetts driver can make.

Your Own Insurer Is Not on Your Side

Many clients are surprised to discover that their own insurer does not advocate for them in a UIM claim. The insurer pays UIM benefits to the extent required, but it has a financial interest in minimizing that payment just as any insurer has a financial interest in minimizing claims. Attorney Lavey represents your interests in UIM negotiations with your own insurer, ensuring that the full value of your damages is presented and that the insurer pays the full amount it owes under the policy.

Frequently Asked Questions