Picture this. You’re sitting at a red light, minding your own business, when someone rear-ends you hard enough to deploy your airbags. The other driver gets out, apologetic, shaken up. Then comes the part that makes your stomach drop: “I’m so sorry, I don’t have insurance.”
Happens all the time.
Despite Massachusetts having pretty strict insurance requirements, plenty of people drive around without coverage. Some let their policies lapse. Others never had it to begin with. And when one of them crashes into you, uninsured motorist coverage becomes the only thing standing between you and a financial disaster that wasn’t your fault.
What Uninsured Motorist Coverage Actually Protects
UM coverage, as we call it, pays for your injuries when the at-fault driver has no insurance. It also kicks in for hit-and-run accidents where the responsible driver takes off and you never find them.
Massachusetts law requires every insurance company to offer this coverage to policyholders. You can turn it down, but they make you reject it in writing. Most people have no idea they did that until they need it and discover they don’t have it.
Think of it as the insurance the other driver should’ve had. It covers your medical bills, lost wages, pain, and suffering. All the damages you’d normally collect from their liability policy if they’d been responsible enough to maintain one.
How Common Are Uninsured Drivers In Massachusetts
The Insurance Research Council puts the number at about one in eight drivers nationwide who lack insurance. Massachusetts does better than a lot of states, but that still means uninsured drivers are out there on Route 2 and 128 right alongside you.
Financial problems cause some people to let policies lapse. Others just gamble that they won’t get caught or won’t crash. A few are driving on suspended licenses anyway, so insurance is the least of their concerns.
But when they cause an accident, you’re the one left holding the bag.
Understanding The Coverage Limits
UM coverage comes with limits that you pick when you buy your policy. Common amounts run $20,000, $50,000, $100,000, and sometimes higher per person injured.
Your UM limits should match your liability limits. Carrying $100,000 in liability but only $20,000 in UM makes no sense. You’re protected to $100,000 if you hit someone, but only $20,000 if they hit you and have nothing? That’s backwards.
Some policies bundle in underinsured motorist coverage, too, which we abbreviate as UIM. This steps in when the at-fault driver has insurance, but not nearly enough to cover what they’ve done to you. Both types of coverage work together to fill the gaps left by drivers who either have no insurance or not enough.
What Happens Without Uninsured Motorist Protection
Skip this coverage and you’re taking a huge risk.
An uninsured driver injures you, and suddenly, your options narrow to almost nothing. Sure, you could sue them personally. Good luck collecting, though. Most people driving without insurance don’t have assets sitting around waiting to be seized. You might win your case and still walk away with nothing.
Your health insurance covers the medical bills, maybe. But lost wages? Pain and suffering? The months you couldn’t work while recovering? None of that gets paid. You’re absorbing costs that legally belong to the person who hit you, except they have no way to pay, and you have no way to collect.
Massachusetts Law And Your Rights
Massachusetts General Laws Chapter 90 spells out the minimum insurance requirements. The statute says insurers must offer UM coverage, though you can decline if you want to.
When you file a UM claim, you’re actually claiming your own insurance company. Catches people off guard sometimes. Your insurer essentially stands in for the uninsured driver who caused the crash.
Insurance companies don’t love paying these claims. They’ll dispute who was at fault, question whether your injuries are really as bad as you say, and lowball the settlement offer. A Waltham car accident lawyer knows how these companies operate and how to push back when they’re not being fair.
The Cost Versus The Protection
Adding UM coverage costs less than you’d think. We’re talking a few extra dollars a month in most cases, depending on the limits you choose.
Compare that to what happens if you get seriously hurt by an uninsured driver.
Medical bills hit five figures fast. Add the income you lose while you can’t work, then factor in pain and suffering, and ongoing treatment needs. Suddenly, you’re looking at financial consequences that follow you for years. The small premium increase buys you protection against a scenario that could legitimately ruin you financially.
And honestly, just knowing you have it provides peace of mind. You can’t make other drivers carry insurance, but you can protect yourself from their failures.
Making A Claim Under Your UM Coverage
An uninsured driver hits you, and the first thing you do is call your own insurance company. Report it right away. Then start gathering everything you can document:
- The police report shows that the other driver had no insurance
- All your medical records and bills from treatment
- Photos of the damage to your car and the accident scene
- Names and numbers of anyone who witnessed it
Your insurer investigates UM claims the same way they would if you’d hit someone and filed against you. They review the evidence, calculate your damages, and then make an offer. That first offer is rarely what your case is actually worth.
Don’t feel like you have to take it.
At Fogelman Law LLC, we handle these claims regularly. We’ve seen every trick insurance companies use to pay less than they should. When we represent you, we make sure they can’t get away with shortchanging you just because it’s your own policy paying out.
Every time you drive, you’re betting that the person who might hit you has insurance and that it’ll be enough to cover your damages. That’s not a bet I’d take. A Waltham car accident lawyer can pull your policy, walk through what coverage you actually have, and explain where the gaps are. If an uninsured driver has already injured you, call us. We’ll figure out what your UM coverage looks like, deal with your insurance company, and fight to get you fully compensated. Whether the other driver was insured shouldn’t determine whether you can recover from your injuries.
