Following a car accident, there is a whirlwind of confusion and adrenaline. You check on your passengers, exchange information with the other driver, and assume the standard process of insurance claims will follow. But what happens when the driver who hit you doesn't have insurance? Or worse, what if they speed away from the scene, leaving you with injuries, a damaged vehicle, and no one to hold accountable?

This scenario is far more common than most people think. While Massachusetts has one of the lower rates of uninsured drivers in the country, statistics from the Insurance Research Council suggest that thousands of drivers on our roads are operating without legally required insurance. For the person they injure, the financial and emotional fallout can be devastating.

Fortunately, there is a specific protection built into your own auto insurance policy designed for this exact situation: Uninsured and Underinsured Motorist (UM/UIM) coverage. Filing a claim under this part of your policy is a different process than a standard third-party claim. It requires a strategic approach and a deep understanding of how insurance companies operate. This guide explains the essentials of filing a UM/UIM claim in Massachusetts and how a dedicated car accident lawyer can protect your rights.

What Is Uninsured Motorist (UM) and Underinsured Motorist (UIM) Insurance?

When another driver causes a car accident, their Bodily Injury liability insurance is supposed to pay for your medical bills, lost wages, and other damages. UM/UIM coverage is a safety net for when that primary source of compensation is missing or insufficient.

Although often grouped, UM and UIM are distinct coverages that address two different problems.

Uninsured Motorist (UM) Coverage

Uninsured Motorist (UM) insurance steps in when you are injured by a driver who has no liability insurance at all. This coverage is also essential in hit-and-run accidents, where the at-fault driver cannot be identified. Since you can't make a claim against an unknown person's policy, your UM coverage acts as a substitute.

In Massachusetts, UM coverage for bodily injury is mandatory. Under state law (M.G.L. c. 175, § 113L), every auto insurance policy sold in the Commonwealth must include it. The minimum required limits are $20,000 per person and $40,000 per accident. While this provides a baseline of protection, many drivers wisely opt to purchase higher limits to better protect themselves and their families from serious injury costs.

Underinsured Motorist (UIM) Coverage

Underinsured Motorist (UIM) insurance applies when the at-fault driver has insurance, but their policy limits are too low to cover the full extent of your damages.

Imagine you sustain serious injuries in a car crash requiring surgery and extensive rehabilitation. Your total damages—including medical bills, lost income, and pain and suffering—amount to $150,000. The driver who hit you was only carrying the Massachusetts minimum liability coverage of $20,000. In this situation, their insurance would pay out the maximum of $20,000. If you have UIM coverage, you could then file a claim with your own insurance company to recover the remaining $130,000, up to the limits of your UIM policy.

Unlike UM coverage, UIM coverage is optional in Massachusetts. However, given the rising costs of medical care, it is a highly recommended addition to any auto policy.

The Critical First Steps After a Car Crash Involving a Suspected Uninsured Motorist

The actions you take immediately following a collision are foundational to building a successful UM/UIM claim later on. Your priority is always safety and medical well-being, but documenting the incident is a close second.

1. Call 911 Immediately: Report the accident to the police. A police report is an indispensable piece of evidence. It officially documents the date, time, location, parties involved (if known), and any initial observations from the responding officer. For a hit-and-run, the police report is official proof that you were the victim of an unidentified driver.
2. Seek Medical Attention: Even if you feel fine, get a medical evaluation. The adrenaline from a car crash can mask serious injuries like concussions, whiplash, or internal bleeding that may not present symptoms for hours or days. Medical records create a direct link between the accident and your injuries.
3. Gather Evidence at the Scene: If possible and safe, take photos and videos of the accident scene, vehicle damage, skid marks, and any visible injuries. If there were witnesses, get their names and contact information. Their testimony can be invaluable in proving the other driver was at fault.
4. Notify Your Insurance Company: Report the accident to your own insurer as soon as possible. Your policy is a contract that includes specific requirements for reporting claims. Failing to provide prompt notice can give the insurer grounds to deny your claim. When you call, state the facts clearly but avoid speculating on fault or the extent of your injuries. Simply state that you were in an accident and may need to open a UM/UIM claim.

Navigating the UM/UIM Insurance Claim Process with Your Car Accident Lawyer in MA

Filing a UM/UIM claim is not like asking your insurer to pay for a cracked windshield. When you file this type of claim, the dynamic with your insurance company changes completely.

Initiating the Claim: Your Insurer Becomes Your Adversary

In a standard claim, your insurance company works with you. In a UM/UIM claim, you are making a claim directly against them for payment. As a result, your insurer steps into the shoes of the uninsured or underinsured driver. Their legal and financial interest is now to challenge your claim and pay out as little as possible. The friendly agent you’ve paid premiums to for years is now backed by a team of adjusters and lawyers whose job is to minimize the company's financial exposure.

This adversarial relationship is why having an experienced Massachusetts car accident attorney is so important. Your lawyer manages all communications, files the necessary legal paperwork, and ensures your rights are protected from the start.

Proving Your Case: The Two Hurdles of a UM/UIM Claim

To succeed in a UM/UIM claim, you and your attorney must prove two main elements, just as you would if you were suing the at-fault driver directly:

1. Liability: To establish the uninsured or underinsured driver's legal fault in a car accident, you'll need documentation such as the police report, witness statements, and accident reconstruction analysis, among other evidence.
2. Damages: You must provide comprehensive documentation of the full value of your losses. This isn't just a stack of medical bills; it includes all economic and non-economic harm you have suffered.

The Role of a Massachusetts Car Accident Attorney in Documenting Damages

An insurance adjuster will not simply take your word for what your claim is worth. A skilled car accident attorney works to assemble a robust demand package that meticulously details every aspect of your damages, including:

• Medical Expenses: All past, current, and future anticipated costs for treatment, surgery, physical therapy, medication, and assistive devices.
• Lost Wages: Documentation of income you lost while unable to work, as well as any reduction in your future earning capacity if your injuries cause long-term disability.
• Pain and Suffering: This compensates you for the physical pain, emotional distress, and loss of enjoyment of life resulting from the accident. Quantifying these non-economic damages is a complex task where an experienced attorney’s advocacy is essential.
• Permanent Injury and Scarring: Compensation for disfigurement, scarring, or any permanent limitations caused by the car crash.

Common Roadblocks and Insurance Company Tactics in UM/UIM Cases in Massachusetts

Because their goal is to limit the payout, insurance companies often employ specific tactics to devalue or deny legitimate UM/UIM claims. Be prepared for them to:

• Dispute Fault: The insurer may try to argue that you were partially or fully responsible for the accident to reduce or eliminate their obligation to pay.
• Question Your Injuries: They may argue your injuries were not caused by the accident but stem from a pre-existing condition.
• Downplay the Severity: Adjusters frequently challenge the necessity of certain medical treatments or argue that your pain and suffering is not as significant as you claim.
• Make a Lowball Offer: Insurers often make a quick, low settlement offer, hoping you are desperate for money and will accept before you understand the true value of your claim. Never accept an offer without consulting a car accident lawyer.

An attorney anticipates these tactics and builds a case strong enough to counter them, ensuring you are negotiating from a position of strength.

What if Your UM/UIM Insurance Claim is Denied or Undervalued?

If your insurer refuses to make a fair settlement offer, you are not at a dead end. Your insurance policy outlines the next step for resolving disputes: arbitration.

Arbitration is a less formal process than a court trial. A neutral third-party arbitrator hears evidence from both you and the insurance company and then makes a legally binding decision on the value of your claim. While it can be faster and less expensive than a lawsuit, it is still a complex legal proceeding. Your attorney will prepare your case, present evidence, and argue on your behalf just as they would in a courtroom.

In some cases, if an insurance company has acted in bad faith—for example, by denying a claim without a reasonable investigation—it may be possible to file a separate lawsuit against them under Massachusetts consumer protection laws (M.G.L. c. 93A and c. 176D) for unfair claims settlement practices.

Don’t Delay: Massachusetts Statute of Limitations for Your Car Accident Claim

It is vital to act promptly. You generally have three years from the date of the accident in Massachusetts to file a lawsuit for personal injuries. However, your insurance policy is a contract with its own set of deadlines.

Most auto policies contain a clause requiring you to demand arbitration for a UM/UIM dispute within a specific time frame, which can sometimes be even shorter than the three-year statute of limitations. Missing this contractual deadline can permanently bar you from recovering compensation. A qualified car accident attorney will ensure all critical deadlines are met.

Why You Need an Experienced Car Accident Attorney for Your Massachusetts UM/UIM Claim

Facing off against your own insurance company is very time-consuming and stressful. They have vast resources and legal teams dedicated to protecting their bottom line. Hiring an experienced car accident attorney levels the playing field.

Your attorney's role is to

• Thoroughly investigate the car crash and gather all necessary evidence.
• Analyze your insurance policy to understand the full extent of your coverage.
• Work with medical and financial experts to calculate the true, long-term value of your claim.
• Handle all negotiations with the insurance adjuster.
• Aggressively represent you in arbitration or litigation if a fair settlement cannot be reached.

By managing the entire legal process, your attorney allows you to focus on what matters most: your physical and emotional recovery.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

If you or a loved one has been injured in a car accident with an uninsured, underinsured, or hit-and-run driver, you don't have to face the fight alone. At Brandon J. Broderick, Attorney at Law, we have extensive experience handling complex UM/UIM claims across Massachusetts. We understand the tactics insurance companies use and know how to build a powerful case to secure the compensation you deserve.

Contact us today for a free consultation. Our Massachusetts car accident attorneys are available to assist you day or night.