Underinsured Motorist Accidents

The Commonwealth of Massachusetts requires car insurance for every driver on the road.  When you are hurt by another driver, their insurance is supposed to cover your losses, such as medical bills and lost wages.  However, if an accident causes serious injuries, the other driver’s basic insurance policy may not cover all of your losses.  

Underinsured motorist coverage is a type of car insurance that protects you when you are hurt in an accident and the driver who caused it does not have enough insurance to pay for all of your damages.  In these instances, your own policy’s underinsured motorist coverage can help bridge the gap.  This type of coverage is important to have, because not all drivers on the road carry enough insurance to cover serious accidents they may cause.  Without underinsured motorist coverage, you could end up paying for another driver’s mistake.

If you are seriously injured in a car accident and concerned the other driver’s insurance may not be sufficient, Underinsured Motorist Accident Attorney Tracy Paulsen wants to help.  As managing attorney of Massachusetts personal injury law firm Rightful Legal, she knows these circumstances can leave you feeling anger and despair.  Rightful Legal has represented thousands of car accident victims from Bristol County, the Boston area, Plymouth County, Norfolk County, and the rest of Massachusetts.  Attorney Paulsen and her team know how to assist those injured by underinsured motorists in obtaining fair compensation.  

Are you suffering from injuries–such as whiplash, posttraumatic stress disorder (PTSD), head injuries, back injuries, fractures, or burns–after an accident with an underinsured motorist?  Or are you dealing with the tragic death of a loved one caused by a driver who was underinsured?  Let Attorney Paulsen Fight for Your Rights as we explore every possible way to make sure you receive the maximum financial recovery possible.  Reach out today for a free consultation regarding your injuries from an underinsured motorist car crash.  This consultation is completely private, and it does not obligate you to us.

How Insurance Coverage Limits Are Drivers Required to Have in Massachusetts?

In Massachusetts, there are certain mandatory insurance coverages for all drivers.  If the at-fault driver that injured you is insured in Massachusetts, their policy will cover bodily injury to you and damage to your property, such as your vehicle.  The current required bodily injury to others coverage, as of July 1, 2025, is at least $25,000 per injured person and $50,000 total.  The current required damage to someone else’s property coverage is at least $30,000.  These are increased from the previous minimum coverage requirements.

As you may notice, $25,000 may not be enough to cover the losses a single person experiences from a serious injury or wrongful death.  If multiple people are injured, $50,000 can also easily fall short.  Medical bills, lost wages from time missed from work, and other types of damages can add up quickly.  If the driver who injured you has only the required coverage, their insurance may leave you with a significant gap between what is covered and your actual damages.  This is where your own underinsured motorist coverage comes into play. 

Is Underinsured Motorist Coverage Mandatory in Massachusetts?

No, underinsured motorist coverage is not one of the required coverages in Massachusetts.  This type of coverage is optional.  This means that you must choose to have it be part of your automobile insurance policy.

Every driver should review their own car insurance policy to check that they are covered in the event of a collision with an underinsured motorist.  This insurance is only effective if you purchase it prior to an underinsured motorist accident.  A small premium increase now could protect you from devastating financial fallout if you are ever in a serious car crash with an underinsured driver.

Do I Need to Notify My Own Car Insurance Company That I Was in a Collision with an Underinsured Motorist?

Yes.  After any accident, you should notify your own insurance company right away.  Even before you find out whether the other motorist is underinsured, it is important to let your own auto insurance carrier know about the crash.  This is because courts in Massachusetts have held, or decided, that failure to promptly notify your insurer of an accident with an underinsured motorist can totally prevent you from recovering any compensation.

Though you must promptly notify your insurer, remember that you should not provide a statement to any automobile insurer, including your own, without first seeking legal counsel.  An experienced Massachusetts personal injury attorney can help you understand your rights before speaking in detail about your accident with an insurance company.  

Injured or Lost a Loved One in an Accident with an Underinsured Motorist?

The attorneys of Rightful Legal are here to help.

Call or text us at 617-821-5856

Or

How Do You Bring an Underinsured Motorist Claim?

Underinsured motorist claims are complex, because they involve recovery from multiple automobile insurers.  

When it comes to recovering what is available from the other driver’s insurance company, your claim is in many ways a normal personal injury lawsuit.  However, when it comes to recovering the rest of your damages under your own underinsured motorist coverage, the process is a bit different.

Under the rules of Massachusetts automobile insurance policies, claims regarding underinsured motorist coverage must be resolved using arbitration.  If you and your insurer cannot resolve the claim through negotiation, it must go before an arbitrator instead of being decided in court.  

Although arbitration is a form of dispute resolution, it is still a legal proceeding, and insurance companies still hire expensive lawyers to fight ruthlessly so they can pay you as little as possible.  You still need a fierce advocate like Attorney Tracy Paulsen.  With over 15 years of personal injury law experience, Attorney Paulsen has gone up against the big insurance companies and won, recovering the compensation her clients deserve.  Whether in negotiations, court, or arbitration, she and her team at Rightful Legal have your back.

It is also important to understand that the Commonwealth of Massachusetts has a strict deadline for personal injury claims.  Injured people have only three years from the date their injuries are discovered, or should have been discovered, to bring a case.  In most instances, this means three years from the date of your underinsured motorist accident.  This deadline is a complete cutoff.  If you miss it, you cannot recover compensation for your injuries.  Moreover, the longer you wait, the harder it is to obtain necessary evidence.  You need to act quickly to protect your claim.

What Are the Types of Underinsured Motorist Accidents?

In Massachusetts, underinsured motorists can cause any type of accident.  It is common for underinsured motorists to be involved in:

• T-Bone Accidents
• Failure to Yield Collisions
• Head-On Crashes
• Drunk Driving Accidents
• Rear End Collisions
• Fatal Accidents
• Intersection Car Crashes

No matter the type of collision, the underinsured motorist may not have sufficient coverage to compensate you for your medical bills, time lost from work, pain and suffering, or other damages.

What Types of Damages Are Available in an Underinsured Motorist Injury Case?

In any personal injury claim, legal guidance is important in calculating your damages.  Some damages are obvious: medical bills, lost wages, damage to your car.  Other damages, like pain and suffering, are less obvious and require experience to value accurately.  Going it alone or choosing a lawyer without deep, local experience can result in your claim being undervalued and you being undercompensated.

At Rightful Legal, we know that every underinsured motorist accident case is unique.  Your compensation depends on a variety of factors, including but not limited to your income, your expected future earning power, your age, the severity of your injuries, and your prognosis.  The amount of damages available to you will also depend on whether you were partially at fault in the crash.

Not all types of damages apply to every case.

We help underinsured motorist accident victims recover many types of damages, which can include:

• Wrongful death
• Missed time from work (past and future)
• Medical bills (past and future)
• Costs of traveling for medical treatment (past and future)
• Permanent disability (physical/mental/cognitive)
• Scarring/disfigurement
• Psychological injuries
• Pain and suffering
• Loss of enjoyment of intimate relationship
• Loss of enjoyment of life

Injured in a Car Crash with an Underinsured Motorist? 

Contact Rightful Legal NOW for a Free Consultation

Call or Text 617-821-5856

or

Why Choose Rightful Legal for Your Underinsured Motorist Accident Claim?

Those who have been injured in an accident with an underinsured motorist who was partially or wholly at fault may be eligible to bring a personal injury claim.  Those who have lost a family member in an accident with an at-fault underinsured driver may be eligible to bring a wrongful death claim.

We at Rightful Legal know that it can be overwhelming to learn that even if you win your case against a negligent driver, their insurance company will not fully compensate you.  You may feel let down, angry, and helpless.  Navigating the maze of rules about which insurance company pays, who pays first, and how much each insurer pays can feel hopeless.

You need an experienced representative in your corner, and our passionate team of lawyers is here to be exactly that.  Attorney Paulsen understands that even your own insurance company will also downplay your injuries, failing to recognize the full impact of your underinsured motorist accident on your life.  We want to help you collect evidence, accurately value your full damages, and prove your case so that you can obtain the compensation you deserve from all insurance companies involved.  We will leave no stone unturned in seeking justice for you and your family.  And we never get paid unless we win your case.

Rightful Legal is based in Attleboro and represents clients from all over Massachusetts, including the Boston area, Bristol County, and Plymouth County.  Unlike large, impersonal injury firms, we have the time and local knowledge to create an individual relationship with every client.  We devote personalized attention to your case in order to give you the tailored legal guidance you need during this challenging time.  We are with you from the beginning of your claim, investigating your car accident and gathering evidence, to the end, whether that is negotiating a fair settlement or representing you at an arbitration.

Reach out to our passionate lawyers at Rightful Legal now for a free, no-obligation consultation.  We value your privacy and will not share the information you entrust to us with others.  This consultation is simply a time to discuss your injuries and accident with our team so we can help you understand your legal rights and potential next steps.  Our goal is for you to be as informed as possible so you can make the best decision regarding your case.

Call or Text Rightful Legal Now at 617-821-5856 or contact our passionate Massachusetts Underinsured Motorist Accident Victim Attorneys Online Right Away.