Underinsured / Uninsured Motorist Claims

Being injured in a car accident can be a harrowing experience. You may be in physical pain. Mentally you may be stressed and confused about car insurance issues. A common car insurance issue that pops up is the difference between uninsured and underinsured motorist coverage. If you had a serious car accident, there is a chance you may be dealing with either of these two different types of insurance coverage. The more you know in this situation the better.

Following a serious car accident you are probably confused and stressed out. The key in this situation is to make sure you are protected, and that you don't make the situation even worse by making mistakes. If you have concerns following a car accident, I am a Massachusetts uninsured and underinsured insurance lawyer that can help you. Here is the difference between these two types of insurance coverages in Massachusetts.

Sometimes referred to as UIM coverage, this insurance is mandatory and is insurance you already have on your policy. It is contained at Part 3 of the Standard Massachusetts Auto Policy.

The minimum amount you must carry in uninsured coverage is $20,000. This insurance kicks in when the person that caused your crash does not have any liability insurance. This commonly happens in hit-and-run situations. It is wise to purchase as much of this insurance as you can afford. These claims are rooted in contract law, and have statutes of limitations of six years.

This insurance is referred to as UIM coverage. Unlike uninsured coverage, underinsured coverage is not mandatory under Massachusetts law. What this insurance covers is when the driver who caused the accident does not have enough bodily injury (BI) coverage to cover the cost of your injuries.

In that situation is when you look to your auto insurance carrier for underinsured motorist benefits. You are only entitled to underinsured benefits if your coverage exceeds the bodily injury coverage of the driver who caused your injuries.

As with uninsured motorist coverage, underinsured claims are also contract claims, and thus have a six year statute of limitations. Failure to file a claim in that time period can be fatal to a case.

Can These Cases Be Filed In Court?

Unlike most other car accident claims, these cannot be filed in court. Rather, they must be arbitrated when there is a dispute between a claimant and an insurance company. Arbitration is a binding legal process which can only be appealed in extremely limited circumstances (fraud).

Uninsured and underinsured insurance coverage issues arise quite often. If you were injured in a car accident, truck accident, bicycle accident, pedestrian accident, or other kind of motor vehicle accident, call us with your Massachusetts uninsured and motorist questions today. The Earley Law Group can help you. These matters can be complicated, so having on your side a qualified personal injury attorney can help you greatly.