When the At-Fault Driver is Uninsured or Underinsured in Massachusetts

Insurance is required of all drivers in Massachusetts, but not everyone follows the rules. If you were injured in a car accident by a driver who is uninsured or underinsured, your next call should be to a lawyer. Depending on your insurance policies, you might be able to get your damages covered. Still, other legal options may be available.

If the at-fault driver does not have insurance or has insufficient insurance, your ability to cover damages may be impacted. Massachusetts is a no-fault insurance state where drivers must carry personal injury protection (PIP) coverage that applies no matter who is at fault. However, this is often limited and only applies to medical expenses and some lost income. To cover property damage, you may need to file a claim with the at-fault driver’s insurance, which might be difficult if they are uninsured or underinsured. Your attorney can help you determine how and when to file the right insurance claims or if other legal action, like a lawsuit, may be necessary.

Get a confidential assessment of your claims for no cost by calling (312) 578-8502 and talking to our Boston car accident lawyers with the Rhatigan Law Offices.

How an Uninsured or Underinsured At-Fault Driver Might Affect Your Car Accident Case in Massachusetts

Insurance is complicated to deal with on a good day let alone when accidents and damages are more complicated than normal. In Massachusetts, all drivers must have insurance to cover themselves and others in the event of an accident. However, the insurance claims process is not always smooth and easy. The at-fault driver might not have insurance, or they might be insured, but their policy limit is too low to cover all the damages.

In some cases, drivers violate the law by driving without auto insurance. If these drivers cause accidents, injured victims might be unable to file claims with the at-fault driver’s liability coverage. This is not always a problem for other drivers. As explained below, Massachusetts is a no-fault state regarding car insurance claims. Injured drivers typically turn to their own coverage, where they do not have to prove before filing claims with the other driver’s liability insurance. However, no-fault insurance does not always cover everything, and if the at-fault driver is uninsured, you might have limited options for recovering damages.

Suppose the at-fault driver has insurance, but it is not enough to cover all the other driver’s damages. In that case, they may be considered underinsured, and injured drivers may have a harder time getting fair compensation. Remember, insurance payouts are limited by the terms and conditions of the insurance policy. Even if the other driver’s insurance covers your accident, your damages might be worth far more than the policy allows, leaving you in a tight spot.

How Auto Insurance Works in Massachusetts Car Accident Cases

Massachusetts is known as a no-fault state when it comes to car insurance claims. Drivers are required to carry standard liability insurance and personal injury protection insurance (PIP) insurance. This is called “no-fault” insurance, as it does not matter if you or the other driver is at fault. Our Massachusetts car accident attorneys may help you file a claim with your PIP coverage no matter who caused the accident.

While you may file a claim with your PIP coverage without needing to prove fault, it only applies to medical expenses and some of your lost wages, not property damages. The minimum requirement for PIP coverage is $8,000, which is not always enough to cover everything.

If you have other damages not covered by your PIP coverage, you may need to file a third-party claim with the at-fault driver’s liability insurance. This is where people run into problems with uninsured or underinsured motorists. If the at-fault driver does not have insurance, or your damages exceed the limits of their insurance, you might be in trouble. This is a more likely issue in cases where accidents and injuries are more severe and the costs are much higher.

How and When to File an Uninsured or Underinsured Auto Insurance Claim in Chicago

If your insurance situation is becoming increasingly complicated after a car accident, your first step should be to contact an experienced attorney to help you. You likely will not know whether the other driver has insurance or has sufficient insurance until you begin the claims process. If you encounter complications, your attorney can help push your case forward while preparing other legal options, such as a lawsuit.

Drivers often need to file claims with their uninsured motorist coverage when their PIP coverage is exhausted and the other driver does not have car insurance to cover their damages. An underinsured motorist claim is often necessary when your PIP coverage is exhausted and the other driver has insurance, but it is not enough to cover your other expenses.

Before we file these claims, we need to determine several important facts. Does your PIP insurance policy cover your damages? Does the at-fault driver have insurance? If they do, is it enough to cover any damages not covered by your PIP insurance? Considering just how much work is required to file an insurance claim, it is a good idea to seek help from an experienced attorney.

Can I Sue an At-Fault Driver Who is Uninsured or Underinsured in Massachusetts?

In Massachusetts, you can sue the other driver for a car accident only under specific circumstances. Under the state’s no-fault insurance laws, drivers must file no-fault claims in the event of an accident and may only sue if certain legal criteria are satisfied. According to Mass. Gen. Laws Ch. 231 § 6D, you may sue the at-fault driver if your medical expenses are in excess of $2,000, there is a fatality, severed limbs or body parts, serious and permanent disfigurement, loss of vision or hearing, or fractures.

Drivers who often meet these criteria have high damages that insurance might not cover fully. Worse still, none of their damages may be covered if the other driver is uninsured. If you are considering suing, do not accept a settlement from the potential defendant’s insurance company. Once you accept the settlement, you may no longer pursue legal action against the at-fault driver.

Call Our Massachusetts Car Accident Lawyers for Legal Support

Get a confidential assessment of your claims for no cost by calling (312) 578-8502 and talking to our Wakefield, MA car accident lawyers with the Rhatigan Law Offices.