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Not Enough Insurance Money to Pay for Your Injury

If you are injured in Massachusetts, in a car accident or while walking in and around Boston, for example, you should know that Massachusetts car insurance policies have a provision whereby you can collect money for your car accident injury or pedestrian injury from your own insurance company if the at-fault driver does not have enough of their own insurance to pay you for your injury. Of course, caution the attorneys at the Boston Law Office of Neil Burns, you must elect to carry this type of coverage in the first place.

We have, for years, written about and urged our clients to buy sufficient underinsurance coverage for their Massachusetts motor vehicle insurance policies. A good example of why you should do so could be shown by a case that was decided recently by the Suffolk Superior Court. In this case, several pedestrians were injured as a result of the negligence of a motor vehicle driver. However, the driver did not have sufficient insurance coverage to pay for the damages. Wherefore, the Court held that Premier Insurance Company, the insurance company of the plaintiff, must cover the plaintiff because he had “underinsurance” coverage.
 
The Court pointed to Massachusetts General Laws, Chapter 175, Section 113L, which was enacted to allow for compensation to victims of motor vehicle accidents when the party at fault failed to have sufficient insurance.
The above case is cited as: Gomes v. The Premier Insurance Company, et al., Docket No. SUCV2007-5085-E (May 17, 2010).