Uninsured Motorist Lawyer in Massachusetts

Uninsured Motorist Coverage in Massachusetts

Massachusetts requires all registered vehicles to carry liability insurance, but not every driver on the road complies. When an uninsured driver causes an accident that injures you, they typically lack the financial resources to compensate you directly. Massachusetts law protects accident victims in this situation through mandatory uninsured motorist (UM) coverage, a component of your own auto insurance policy that pays for your injuries when the at-fault driver has no insurance. Attorney Jeffrey C. Lavey represents uninsured motorist claimants throughout Massachusetts.

How Uninsured Motorist Coverage Works

Your own auto insurance policy includes UM coverage that becomes available when you are injured by an uninsured driver. The claim is made against your own insurer, not against the uninsured driver directly, although pursuing the driver personally is also possible if they have assets. Your own insurer steps into the shoes of the at-fault driver and is responsible for compensating you up to the UM policy limits. Importantly, your own insurer does not always cooperate readily with UM claims, they have the same adversarial interest in minimizing payment that any insurer has. Attorney Lavey represents your interests against your own insurer in UM claims.

Hit-and-Run Accidents and UM Coverage

Hit-and-run accidents, where the at-fault driver leaves the scene before being identified, are treated as uninsured motorist claims in Massachusetts. Your UM coverage provides compensation for hit-and-run injuries subject to your policy limits. Massachusetts insurance regulations establish specific requirements that must be met to trigger UM coverage in a hit-and-run scenario, including reporting to police within a specific period and in some cases requiring physical contact between the vehicles. Attorney Lavey ensures all applicable requirements are satisfied in hit-and-run UM claims.

Stacking UM Coverage Across Multiple Policies

When you own multiple vehicles, each with its own UM coverage, Massachusetts law may permit “stacking” of those coverages in certain circumstances, combining the limits from multiple policies to create a larger pool of available coverage. Whether stacking is permitted depends on your specific policy language and how many vehicles you own. Attorney Lavey evaluates the stacking question in every uninsured motorist case where multiple policies may apply.

Your Rights Against the Uninsured Driver

In addition to the UM claim against your own insurer, you can pursue the uninsured driver personally for damages exceeding your UM coverage limits. The practical value of this claim depends on whether the driver has assets or income that could satisfy a judgment. Attorney Lavey evaluates the uninsured driver’s financial situation and advises on whether a direct lawsuit against the driver is worth pursuing alongside the UM claim.

Frequently Asked Questions