How Can Underinsurance/Uninsurance Protect Your Family?

By Pauline Nassif, Civil Litigation Paralegal


As a civil litigation paralegal with over 25 years of experience in personal injury, I have witnessed countless clients who have sustained horrific injuries in car accidents.  Many times these clients were protected by underinsurance or uninsurance (UI).  However, those clients who did not carry this coverage learned the hard way how very important it is to carry this coverage in order to protect you and your passengers.


Underinsurance and uninsurance motor vehicle coverage supplements the limited or lack of coverage of the person who caused the accident by making additional coverage available to you or your passengers. If you were involved in an accident caused by another driver and that driver does not have enough coverage your own UI coverage on your vehicle will supplement the other driver's liability coverage thereby giving more insurance to pay the damages of you and your passengers.


Underinsurance is exactly what it implies; it is protection for you and your passengers from an underinsured driver who causes an accident.  In this situation, not only can you collect the insurance from the other driver that causes the accident but you can also collect the underinsurance on your vehicle.  In Massachusetts, the underinsurance is added on top of what the person causing the accident has for liability insurance thereby creating much more coverage. Underinsurance coverage protects anyone in your vehicle or any household member even if they are in another vehicle. Underinsurance coverage becomes available after the liability insurance of the person causing the accident is deducted from the amount of UI.


Uninsurance coverage insures you, passengers in your vehicle and household members against the other person that causes the accident that has no insurance coverage. Uninsurance coverage is purchased to protect you, passengers in your vehicle and household members from operators of vehicles with no insurance coverage that caused the accident.  By having UI coverage, instead of collecting nothing from the other vehicle that causes the accident that has no coverage, you, your passengers and household members can collect from your UI coverage.


Everyone that insures a motor vehicle should purchase UI coverage to protect themselves and their families.  This coverage is available on household vehicles, household trucks and recreational vehicles, motorcycles and all commercial vehicles. Speak with your insurance agent, insurance company, or personal injury attorney today!

Who is to Blame in an Accident with Multiple Cars?

Pauline Nassif, Civil Litigation Paralegal

When you are involved in an auto accident with multiple cars determining which auto driver to file a claim and file litigation against can be tricky.  There are a number of dependent factors which determine who you can sue including Massachusetts' state laws and details about who was involved and at fault for the accident.  Ultimately it comes down to which drivers operated their vehicles with negligence. 


Laws govern and limit negligence claims to particular circumstances while insurance is expected to cover most of the claims arising from an auto accident. Proving negligence and filing a negligence lawsuit will require the assistance of an experienced personal injury attorney.  In proving a personal injury suit you can recover medical expenses, wages lost due to time away from work, future care costs, and sometime pain and suffering as well as other compensatory damages. To show a defendant was negligent, a plaintiff must prove four elements:  duty, breach, causation, and harm or damages.  You must be able to show that the defendant driver owed you a duty of care, which was breached, and caused you a harm which you are seeking compensation for.


If you were in an accident with a professional driver working for a corporation or commercial entity you might also insider the driver's employer as a defendant.  In that situation, an experienced personal injury attorney would look for negligence in the hiring process, for example, asking whether the driver was properly licensed and trained.  Choosing the appropriate defendant will depend on the details of your accident, how many drivers were involved, who is ultimately to blame, and Massachusetts laws.  There are many questions that you are unlikely to be able to answer authoritatively on your own and are best discussed with an experienced personal injury attorney.