What to Do After an Accident With an Underinsured Driver in Massachusetts

Car accidents are stressful under any circumstances. But when the at-fault driver has insurance that isn’t enough to cover your damages, the situation becomes even more complicated. If you’ve been injured in a crash involving an underinsured driver, understanding your rights under Massachusetts car accident law is critical.

An experienced Massachusetts car accident lawyer, like the team at the Law Offices of Michael M. Kaplan, can help you navigate your options and pursue the full compensation you deserve.

What Does “Underinsured Driver” Mean?

An underinsured driver is someone who carries auto insurance, but their policy limits are too low to fully cover the damages they caused. While Massachusetts requires drivers to carry minimum liability coverage, serious accidents often result in medical bills, lost wages, and property damage that exceed those limits.

For example, if the at-fault driver has $20,000 in bodily injury coverage but your total damages are $75,000, there is a significant shortfall. This is where underinsured motorist coverage (UIM) in Massachusetts becomes important.

Step 1: Seek Medical Attention Immediately

Your health comes first. Even if injuries seem minor at the scene, some symptoms appear hours or days later. Prompt medical treatment not only protects your well-being but also creates documentation that supports your personal injury claim in MA.

Be sure to:

• Follow all medical recommendations

• Keep copies of medical records and bills

• Track missed work and related expenses

• Keep copies of receipts for out of pocket expenses i.e. prescriptions

Step 2: Report the Accident

Call the police and ensure an official accident report is created. This report is often critical when filing an underinsured motorist claim in MA.

You should also notify your own insurance company promptly. In Massachusetts, your underinsured motorist benefits are accessed through your own auto insurance policy — not the other driver’s insurer.

Step 3: Understand Your Underinsured Motorist Coverage

Massachusetts drivers are required to carry uninsured motorist coverage, and many policies include underinsured motorist protection as well. This coverage is designed to compensate you when the at-fault driver’s insurance limits are insufficient.

Underinsured motorist coverage may help pay for:

• Medical expenses

• Lost income

• Pain and suffering

• Future medical treatment

• Long-term disability costs

• Loss of Consortium

However, insurance companies often scrutinize these claims closely. Working with a skilled underinsured motorist attorney in Massachusetts can help ensure your claim is properly valued and aggressively pursued.

Step 4: Be Cautious When Dealing With Insurance Adjusters

Insurance companies — even your own — aim to minimize payouts. You may be offered a quick settlement that does not reflect the full extent of your injuries or future expenses.

Before accepting any offer, consider speaking with a knowledgeable MA personal injury attorney. Once you accept a settlement, you generally cannot pursue additional compensation later.

Step 5: Consider Legal Representation

If your damages exceed the at-fault driver’s policy limits, your claim may involve multiple insurance policies and complex negotiations. A seasoned Massachusetts car accident lawyer can:

• Investigate the full extent of your damages

• Identify all available insurance coverage

• Handle negotiations with insurers

• File a lawsuit if necessary

• Protect you from bad-faith insurance practices

At the Law Offices of Michael M. Kaplan, we work to secure maximum compensation for accident victims throughout Massachusetts.

Can You Sue an Underinsured Driver?

In some cases, you may pursue a lawsuit directly against the at-fault driver for the remaining damages. However, this option depends on whether the individual has sufficient personal assets to satisfy a judgment. An experienced Massachusetts personal injury lawyer can evaluate whether this approach is practical in your situation.

What you need to show to make a claim for Underinsured Coverage?

1. The policy of the at fault driver is insufficient to pay for the proper value of the injuries sustained.

2. Permission must be obtained from the underinsured policy carrier before any payment will be made to an injured party. 

3. The underinsured carrier has a right to do an asset check on the at fault party to determine if they have sufficient assets above the policy they have to pay the claim. The insurer could request the injured party to pursue assets of the at fault party before it will make payment under the policy.  This can become a very controversial issue between the injured party and their own insurance company. 

Don’t Let an Underinsured Driver Leave You Paying the Difference

Being injured in a crash is difficult enough — you shouldn’t be left covering expenses simply because the other driver carried minimal insurance. Understanding your rights under Massachusetts underinsured motorist laws is essential to protecting your financial future.

If you’ve been involved in an accident with an underinsured driver, the Law Offices of Michael M. Kaplan can help you explore your options and pursue the compensation you deserve.