Uninsured & Underinsured Car Accident Attorney in Boston
Getting hit by a driver who has no insurance, or not enough of it, puts you in a frustrating position. Your injuries are real. Your bills are real. But the person responsible may not be able to pay. That gap between what you’re owed and what’s actually available is exactly where these claims become difficult.
At Diller Law, our attorneys handle uninsured and underinsured motorist claims for clients in Boston and throughout New England. If you’ve been injured in a UI/UIM accident and aren’t sure what your options are, this page explains how Massachusetts law works, what to expect from the claims process, and how our team approaches these cases.
What Happens After an Uninsured Driver Accident in Massachusetts
Massachusetts requires all drivers to carry auto insurance, but not every driver on the road follows that rule. When you’re injured by someone who doesn’t have coverage, or whose coverage runs out before your damages are paid, you may be left relying on your own policy to fill the gap. Understanding what protections exist, and when they apply, is an important first step.
The Role of Uninsured Motorist Coverage
Massachusetts law requires insurers to offer uninsured motorist (UM) coverage, though drivers can reject it in writing. If you accepted UM coverage when you bought your policy, it can pay for injuries caused by a driver who has no insurance at all. This coverage applies whether the at-fault driver was identified or fled the scene entirely.
When Underinsured Motorist Coverage Kicks In
Underinsured motorist (UIM) coverage addresses a different problem: the at-fault driver has insurance, but it isn’t enough to cover what you’ve lost. In Massachusetts, UIM coverage generally becomes available after the at-fault driver’s policy limits are exhausted. The rules around stacking coverage or accessing additional limits can depend on your specific policy terms.
Hit-and-Run and Unknown Driver Situations
If the driver who caused your accident fled the scene, your UM coverage may still apply under Massachusetts law. There are procedural requirements you may need to meet, including reporting the accident promptly to the police and notifying your insurer. Missing these steps can complicate a claim that would otherwise be valid.
How UI/UIM Claims Work in Massachusetts
Filing a claim against your own insurance company is a different experience than filing a claim against someone else’s insurer. Your insurer has its own interests, and those interests don’t always align with paying you the full value of your claim. Knowing what the process typically involves helps you prepare for what comes next.
Notifying Your Insurer and Preserving Your Claim
After an uninsured driver accident, you should notify your insurance company promptly, even before you fully understand the extent of your injuries. Most policies have notice requirements, and delays can give the insurer grounds to deny or reduce your claim. Documenting the accident, collecting witness information, and preserving any evidence from the scene all strengthen your position.
Valuing Your Damages in a UIM Claim
UI/UIM claims compensate for the same types of losses as any other personal injury claim, including medical expenses, lost income, and pain and suffering. The challenge is that you’ll need to demonstrate the full value of your losses to your own insurer, which may dispute your account or the extent of your injuries. Medical records, expert opinions, and thorough documentation are central to building a claim that holds up.
Disputes, Arbitration, and Bad Faith
Massachusetts law allows insurers to dispute UI/UIM claims, and disagreements over value may end up in arbitration rather than court. If your insurer acts unreasonably, denies a valid claim, or drags out the process without justification, there may be grounds for a bad faith claim under Massachusetts insurance law. These situations are more common than many policyholders expect, and they underscore why having legal representation matters.
How Diller Law Handles Uninsured Motorist Claims
Our attorneys have handled underinsured and uninsured motorist claims across New England, including cases arising from accidents in Boston. We work to identify every available source of compensation and build claims that reflect the full impact of our clients’ injuries. If you’re dealing with an insurer that isn’t treating you fairly, our team can step in and advocate on your behalf.
Investigating the Accident and Coverage
Before any claim is filed, we work to understand exactly what happened and what insurance coverage is in play. That includes reviewing the at-fault driver’s policy (if one exists), your own policy terms, and any additional coverage that might apply. Getting a clear picture of the available insurance landscape shapes every decision that follows.
Building the Record for Your Claim
A UI/UIM claim is only as strong as the evidence behind it. Our attorneys gather medical records, work with treating providers, and document economic losses like missed work and long-term care needs. We put together a complete picture of how the accident has affected your life, not just your immediate medical bills.
Working Toward a Fair Resolution
Our goal in every case is to pursue the full compensation our clients are entitled to under their policies and Massachusetts law. We handle negotiations with your insurer directly and, when necessary, pursue arbitration or litigation to protect your rights. Clients across Boston and New England can reach our team to discuss their situation at no cost.
Frequently Asked Questions About UI/UIM Claims in Massachusetts
These questions come up often after a Boston uninsured driver accident or a collision involving inadequate coverage. The answers here address issues not covered in the sections above.
If you rejected UM coverage in writing when you purchased your policy, you may not have access to that benefit. In some cases, coverage through a household member’s policy or another source may apply, but it depends on the specific facts. An attorney can review your situation and identify what options remain.
You can file a lawsuit against an uninsured driver, but collecting a judgment against someone with no insurance and few assets is often difficult in practice. In many cases, pursuing your own UM coverage is the more practical path to actual recovery. That said, every situation is different, and both options can sometimes be pursued together.
Massachusetts has a three-year statute of limitations for personal injury claims, but your insurance policy may impose shorter notice deadlines that apply before that window closes. Missing a policy deadline can affect your ability to access coverage even if the legal deadline hasn’t passed. Contacting an attorney early gives you the best chance of protecting all available claims.
Most Massachusetts auto policies exclude household members from uninsured motorist coverage, meaning you typically cannot file a UM claim against a family member who lives with you. The specific exclusions depend on your policy language, and some situations involve nuances that aren’t obvious from a first read. Reviewing the policy carefully is the right starting point.
Before UIM coverage becomes available, the at-fault driver’s liability policy generally must be paid out in full. Massachusetts requires that mandatory auto insurance minimums be met by all registered vehicles, but minimum limits are often insufficient to cover serious injuries. This procedural step is one reason why coordinating your insurer’s involvement early is important.
Massachusetts has specific rules about how insurers can treat policyholders who file claims, and not all claims result in a rate increase. The Massachusetts Division of Insurance oversees how insurers apply surcharges and can be a resource if you believe your insurer acted improperly. This is worth asking about directly before filing, and an attorney can help you think through the decision.
Getting hit by a driver who has no insurance, or not enough of it, puts you in a frustrating position. Your injuries are real. Your bills are real. But the person responsible may not be able to pay. That gap between what you’re owed and what’s actually available is exactly where these claims become difficult.
Contact Us for a Free Consultation
At Diller Law, part of the Jacoby & Meyers family of firms, our attorneys handle uninsured and underinsured motorist claims for clients in Boston and throughout New England. If you’ve been injured in a UI/UIM accident and aren’t sure what your options are, contact us for answers on how Massachusetts law works, what to expect from the claims process, and how our team approaches these kinds of cases.