What Happens If the Other Driver Has No Insurance or Not Enough Insurance in Massachusetts?

If the driver who hit you has no insurance or not enough to cover your injuries, your own auto policy steps in through uninsured motorist (UM) and underinsured motorist (UIM) coverage. Massachusetts law requires every registered private passenger vehicle to carry UM coverage under M.G.L. c. 175, sec. 113L, and the Massachusetts Standard Automobile Policy makes that protection automatic under Part 3. UIM coverage (Part 12 of the Standard Policy) is optional but widely carried and fills the gap when the at-fault driver has some insurance, just not enough. This article explains how both coverages work, what limits apply, how they interact with your PIP benefits, and what you must do to protect your claim.

The Statute Behind UM and UIM Coverage in Massachusetts

The compulsory UM requirement flows from M.G.L. c. 175, sec. 113L, which directs the Commissioner of Insurance to require UM coverage on all motor vehicle liability policies issued in Massachusetts. The compulsory liability framework also runs through M.G.L. c. 90, sec. 34A (the requirement that every registered vehicle maintain compulsory liability insurance) and M.G.L. c. 90, sec. 34O (the scheme for enforcing that requirement, including suspension of registration for uninsured vehicles).

Together, these provisions create a two-layer system. The at-fault driver is supposed to carry compulsory liability insurance under c. 90, sec. 34A. When that driver fails to carry it (the UM scenario) or carries less than your damages (the UIM scenario), your own UM/UIM coverage activates to make you whole up to your own policy limits.

Uninsured Motorist Coverage (Part 3): When the Other Driver Has No Insurance at All

UM coverage pays damages you are legally entitled to recover from the owner or operator of an uninsured motor vehicle. An uninsured vehicle includes a vehicle with no liability policy in force at all, a vehicle whose insurer denies coverage, and a hit-and-run vehicle where the at-fault driver cannot be identified.

The minimum compulsory UM limit in Massachusetts mirrors the compulsory liability limit. You can purchase UM coverage up to the level of your own liability limits, and many attorneys recommend matching or exceeding the liability coverage you carry to maximize your protection.

Underinsured Motorist Coverage (Part 12): When the Other Driver Has Some Insurance but Not Enough

UIM coverage activates when the at-fault driver carries liability insurance, but that insurance is insufficient to compensate you fully for your injuries. The trigger is a comparison between the at-fault driver’s liability limit and your own UIM limit.

Example: suppose the at-fault driver carries the mandatory minimum liability coverage and your damages total significantly more. Your UIM coverage steps in up to your own UIM policy limit, with the at-fault driver’s payout credited against that amount.

Because UIM is optional under Massachusetts law, many injured people discover after a serious accident that they elected minimal coverage or waived it entirely during the policy renewal process.

How PIP Interacts with UM and UIM Recovery

Everything in this section assumes you carried a policy of your own. If you did not, the analysis changes: there is no UM coverage to call on and no PIP, but the claim against the at-fault driver survives, and the medical expenses PIP would ordinarily have absorbed stay recoverable from that driver. That situation is worked through in what happens if you are in a Massachusetts car accident with no insurance and it was not your fault.

Massachusetts is a modified no-fault state. Under M.G.L. c. 90, sec. 34M, Personal Injury Protection (PIP) coverage is mandatory and pays your medical expenses and a portion of lost wages without regard to fault. PIP pays first, before UM or UIM benefits become available.

PIP benefits you have already received may reduce the UM or UIM payment you collect, depending on your policy language and the nature of your claimed damages.

Additionally, before you can bring a tort claim for pain and suffering against an uninsured or underinsured motorist, your injuries must satisfy the serious injury threshold under M.G.L. c. 231, sec. 6D and M.G.L. c. 90, sec. 34A. For a full explanation of the threshold, see: What Is the Serious Injury Threshold to Sue After a Massachusetts Car Accident?.

The Statute of Limitations for UM and UIM Claims

UM and UIM claims are generally subject to the three-year personal-injury limitations period under M.G.L. c. 260, sec. 2A. However, your policy may also contain a separate contractual notice or filing deadline that is shorter than three years.

Waiting too long to notify your insurer of a potential UM or UIM claim is one of the most common ways injured people lose coverage they paid for. See: Massachusetts Personal Injury Statute of Limitations for the full analysis of how deadlines work, including tolling rules for minor plaintiffs.

Steps to Protect Your UM and UIM Claim

1. Notify your own insurer promptly. Even though UM and UIM claims are against your own policy, your insurer is entitled to reasonable notice after an accident involving an uninsured or potentially underinsured driver. Delay in notification can give the carrier a basis to deny or reduce the claim.

2. Do not accept a settlement from the at-fault driver’s insurer without notifying your UIM carrier first. Massachusetts law requires you to obtain your own insurer’s consent before settling with an underinsured tortfeasor’s liability carrier.

3. Understand arbitration. UM and UIM disputes in Massachusetts are typically resolved through binding arbitration rather than jury trial, under the terms of the Standard Automobile Policy.

4. Keep records of every insurer communication. Because your UM or UIM claim is against your own insurer, the relationship can shift from cooperative to adversarial once the dollar amount of your claim becomes significant. Document every conversation and save every letter.

For guidance on handling insurer communications generally, see: Should I Give a Recorded Statement to the Insurance Company After a Massachusetts Accident?.

Comparative Negligence and UM/UIM Claims

Your recovery under UM or UIM coverage is reduced if you were partly at fault for causing the accident, under the same modified comparative negligence rules that apply to third-party claims. M.G.L. c. 231, sec. 85 bars recovery entirely if your fault exceeds 50 percent.

For a complete explanation of how comparative fault affects your recovery, see: Comparative Negligence in Massachusetts: What Happens If I Was Partly at Fault?.

What to Expect If You Retain Jim Glaser Law

When Jim Glaser Law handles a UM or UIM claim, the attorneys evaluate your own policy limits at the outset, determine whether the threshold is satisfied, notify your insurer promptly on your behalf, and manage the consent-to-settle process so you do not inadvertently waive your UIM rights. If the insurer disputes the claim or undervalues it in arbitration, the firm prepares the medical, damages, and liability evidence needed to support a full recovery.

Call (617) JIM-WINS for a free evaluation. There is no fee unless we recover for you.

Frequently Asked Questions

Q: The driver who hit me drove away and I never got their information. Can I still make a UM claim?

A: Yes, hit-and-run accidents can qualify as UM claims under Massachusetts Standard Policy Part 3, but specific steps must be followed to preserve the claim. Contact an attorney and your own insurer immediately after a hit-and-run.

Q: The other driver had insurance, but their policy limit is much less than my medical bills. Can I still sue them personally?

A: You can, but collecting a personal judgment against an individual with no assets is difficult in practice. That is exactly the gap UIM coverage is designed to fill.

Q: My insurer is offering me less than my damages through UM coverage. What can I do?

A: UM and UIM disputes are resolved through binding arbitration under the Standard Policy. You have the right to present your full damages case in arbitration, and an experienced personal-injury attorney can represent you through that process. You should also review whether your insurer’s handling of the claim meets the standards under M.G.L. c. 176D.

Q: How long do I have to bring a UM or UIM claim in Massachusetts?

A: Generally three years from the date of the accident under M.G.L. c. 260, sec. 2A, but your policy may have shorter internal notice deadlines that are just as binding. Do not wait to consult an attorney after an accident involving an uninsured or underinsured driver. See: Massachusetts Personal Injury Statute of Limitations.

Q: Does it matter that I reported the accident to police?

A: Massachusetts law requires drivers involved in accidents meeting certain damage or injury thresholds to file a report. That report also creates a record useful to your UM or UIM claim. For guidance on reporting obligations, see: Do I Have to Report a Car Accident in Massachusetts? Timing and Rules.

Q: Is Jimmy Knows AI giving me legal advice?

A: No. This article provides general Massachusetts legal information. It is not legal advice for your specific situation. Call Jim Glaser Law at (617) JIM-WINS for advice about your particular claim.