Underinsured Motorist Claims
Know Your Rights to Get the Best Recovery Possible
Underinsured motorist claims (also known as "UI" or "UIM" claims) are available to people involved in a Massachusetts car accident where they are not at fault and where the at-fault driver's policy is insufficient to cover the injured person's bodily injury claim.
Underinsured motorist benefits are available through the injured person's own car insurance. This gives people in Massachusetts a large amount of control over the amount of benefits they are eligible to receive to compensate them for their injuries when injured by another driver.
Underinsured motorist benefits are available in the amount of the injured person's UI limits minus the available bodily injury claim limits on the at-fault vehicle. For instance, if the at-fault driver has $20,000 bodily injury limits and the injured party has $100,000 in underinsured motorist benefits on their own auto policy, they will have $80,000 available in UI benefits after the bodily injury limits are paid.
By law, Massachusetts car insurance policies must have at least $20,000 in underinsured motorist coverage for each person injured with a cap of $40,000 in total paid per accident. These limits are often paired with your uninsured motorist benefits.
There are numerous rules that apply to making an underinsured motorist claim. For instance, the UI carrier must give written permission before the bodily injury limits are accepted. Otherwise, your underinsured motorist claim could be denied. If you are unable to resolve an underinsured motorist claim, you must go to arbitration instead of filing a lawsuit.
This is why it is so important to know what your underinsured motorist limits are. These limits are the maximum amount of insurance coverage available for you and your family if someone else hurts you and does not have sufficient insurance to pay for your damages.
Comparative fault laws also apply to underinsured motorist claims in Massachusetts.
Insurance companies are stacked with professionals whose goal is to minimize the payments they need to make to you for your underinsured motorist claim. Speak to a professional today to make sure you also have an expert on your side. Hiring a lawyer to fight for you at no out-of-pocket cost is the smartest move you can make.
With over a decade of experience representing clients injured in car accidents, the professionals at the Law Offices of Samuel A. Segal know what it takes to get you the best recovery possible.
The time to file your claim is limited, so reach out to us today for your Free Consultation.
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