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You rode legally, stayed in your lane, and did everything right. Then another driver hit you and left you with serious injuries, lost income, and a pile of medical bills — and it turns out they had no insurance, or not nearly enough. So what happens now?
This is where your own uninsured and underinsured motorist coverage becomes critical. If you have it and use it correctly, it can be the difference between recovering your losses and absorbing them yourself. If you have not purchased enough of it, or if you make procedural mistakes in how you file, you may end up with far less than your injuries are worth.
Kiley Law Group has represented injured motorcyclists across Massachusetts and New Hampshire for more than 50 years and has recovered over $1 billion for our clients. If you were hit by an uninsured or underinsured driver, call 978-474-8670 for a free consultation.
Why This Is a Serious Problem for Motorcyclists
Motorcycle accidents tend to produce more severe injuries than car crashes involving the same forces. Without a steel frame, airbags, or a seatbelt, a rider absorbs far more of the impact. Medical bills for serious motorcycle injuries can reach hundreds of thousands of dollars or more — well beyond what many at-fault drivers can pay.
Massachusetts requires minimum auto liability coverage of $20,000 per person and $40,000 per accident for bodily injury to others. A driver carrying only the minimum simply cannot cover a serious motorcycle injury claim. And despite Massachusetts having mandatory insurance laws, uninsured drivers do exist — as do drivers who let their coverage lapse, drivers operating vehicles they do not own, and drivers who flee the scene entirely.
When the at-fault driver cannot pay, your own uninsured/underinsured motorist (UM/UIM) coverage is often your most important source of compensation.
What Is UM/UIM Coverage?
UM/UIM coverage is insurance you purchase under your own auto or motorcycle policy. It pays you when the driver who caused your accident either has no insurance at all (uninsured) or has insurance that does not fully cover your damages (underinsured). Instead of pursuing the at-fault driver directly, you file a claim with your own insurer.
Uninsured Motorist (UM) Coverage
UM coverage — formally called "Bodily Injury Caused by an Uninsured Auto" under the Massachusetts standard auto policy — is mandatory in Massachusetts under Mass. Gen. Laws Ch. 175, §113L. Every auto policy issued in the state must include it. The required minimum is $20,000 per person and $40,000 per accident, though the current standard Massachusetts policy sets the compulsory floor at $25,000 per person and $50,000 per accident. Riders are strongly encouraged to purchase higher limits.
UM coverage applies when the at-fault driver has no liability insurance at all. It also covers hit-and-run accidents, including situations where the at-fault driver never made physical contact with you but caused you to crash — for example, by cutting you off and forcing you to lay down your bike.
Underinsured Motorist (UIM) Coverage
UIM coverage applies when the at-fault driver has insurance, but their policy limits are not enough to fully compensate you. For example: the at-fault driver has a $20,000 liability policy, but your medical bills, lost wages, and pain and suffering total $150,000. After collecting the $20,000 from the at-fault driver's insurer, your UIM coverage can pay the remaining gap — up to your own UIM policy limits.
Unlike UM coverage, UIM coverage is not mandatory in Massachusetts. It is optional coverage that you must choose to purchase. Given the frequency and severity of underinsured driver situations, motorcyclists should strongly consider carrying UIM coverage at the highest limits they can reasonably afford. You are only entitled to UIM benefits if your own UIM coverage limits exceed the bodily injury limits of the at-fault driver's policy.
An Important Note About Stacking
Massachusetts law expressly prohibits stacking of UM/UIM coverage under Mass. Gen. Laws Ch. 175, §113L(5). This means that even if you own multiple insured vehicles or have multiple policies in your household, you cannot combine or "stack" the UM/UIM limits from those policies to increase the total coverage available for a single accident. You are limited to the highest applicable single policy limit. This makes it all the more important to carry high UM/UIM limits on your motorcycle policy specifically.
An Important Note About PIP — It Does Not Apply to Motorcyclists
Massachusetts requires Personal Injury Protection (PIP) coverage on standard auto policies, but PIP does not apply to motorcycle riders or passengers under 211 CMR 3.02. This is a critical distinction: motorcyclists cannot rely on PIP to cover initial medical bills and lost wages the way car drivers can. Your health insurance and your UM/UIM coverage are your primary protections when the at-fault driver cannot pay.
How a UM/UIM Claim Works After a Motorcycle Accident
Filing a UM/UIM claim is procedurally different from filing a standard third-party claim against the at-fault driver's insurer. You are filing against your own insurance company, and there are steps you must follow carefully to protect your rights.
Notify Your Own Insurer Promptly
As soon as you know or suspect the at-fault driver is uninsured or underinsured, notify your own insurance company. Most policies have prompt-notice requirements, and delays can give the insurer grounds to dispute or reduce your claim. You do not need to know the full extent of your injuries to make this notification — report the accident and state your intent to make a UM/UIM claim.
For UIM Claims: Exhaust the At-Fault Driver's Coverage First
Before your UIM coverage applies, you must first pursue and exhaust the at-fault driver's liability coverage — meaning you must make a claim against their insurer and collect whatever their policy will pay. Your own insurer will generally want confirmation that this step has been completed before paying UIM benefits.
Get Your Insurer's Consent Before Settling
If you plan to accept a settlement from the at-fault driver's insurer and then pursue a UIM claim against your own policy, you must obtain your own insurer's written consent before finalizing that settlement. Settling without consent — even for the full amount of the at-fault driver's policy — can waive your right to pursue UIM benefits. This is one of the most common and costly procedural mistakes injured riders make. Do not sign any releases without speaking to an attorney first.
Understand the Statute of Limitations
Because UM/UIM claims are contract claims against your own insurer — not tort claims against the at-fault driver — they carry a six-year statute of limitations in Massachusetts, not the standard three-year personal injury deadline. However, your policy may impose shorter notice and claim-filing deadlines. Missing a policy deadline can forfeit your coverage rights even if the legal limitations period has not expired. Do not wait.
Hit-and-Run and No-Contact Accidents
When the driver who caused your accident flees and cannot be identified, your UM coverage is your primary path to compensation. There is no at-fault driver to pursue and no third-party insurer to file against.
Importantly, Massachusetts UM coverage can apply even in no-contact situations — for example, where a driver cuts you off and forces you to crash without ever touching your motorcycle. To support a UM claim after a hit-and-run or no-contact crash, you should:
No-contact and hit-and-run motorcycle claims are challenging but not impossible to win. The strength of your documentation and witness support are critical.
How Much UM/UIM Coverage Should a Motorcyclist Carry?
The state-minimum UM coverage of $20,000 per person is rarely adequate for a serious motorcycle crash. A traumatic brain injury, a spinal cord injury, or a complex fracture requiring multiple surgeries can generate medical costs that dwarf that limit — before accounting for lost wages and pain and suffering.
Because stacking is prohibited by statute in Massachusetts, you cannot supplement a low-limit policy after the fact by drawing on other policies. The limits you choose on your motorcycle policy are the limits you will have. Kiley Law Group advises motorcyclists to carry UM and UIM coverage at the highest limits they can reasonably afford, and to review those limits regularly as their financial situation and assets change.
When Your Own Insurer Disputes Your UM/UIM Claim
Filing a UM/UIM claim against your own insurer does not mean the process will be cooperative. Insurance companies have a financial interest in minimizing payouts, and UM/UIM claims are no exception. Common disputes include:
An attorney who handles motorcycle UM/UIM claims regularly knows how to anticipate these disputes, build the right evidentiary record, and push back when your insurer undervalues what you are owed.
What to Do After a Motorcycle Accident Involving an Uninsured or Underinsured Driver
Frequently Asked Questions
What happens if the driver who hit me has no insurance?
You can file a UM claim with your own motorcycle or auto insurer under the mandatory UM coverage required by Mass. Gen. Laws Ch. 175, §113L. Your UM coverage compensates you for what the at-fault driver would have owed, up to your own UM policy limits. In hit-and-run and no-contact accidents, UM coverage also applies.
What if the other driver has some insurance but not enough?
After collecting the maximum available from the at-fault driver's liability policy, you can file a UIM claim with your own insurer for the remaining damages, up to your UIM limits. Remember: UIM is optional coverage in Massachusetts, and you can only collect UIM benefits if your own UIM limits exceed the at-fault driver's bodily injury limits. You must notify your insurer and obtain their consent before settling with the at-fault driver.
Does my motorcycle policy include UM/UIM coverage?
UM coverage is mandatory on all Massachusetts auto policies, but your specific motorcycle policy and its limits vary. UIM coverage is optional and must be affirmatively purchased. Review your declarations page carefully, and if you are unsure what you have, ask your agent or have an attorney review your policy.
Can I stack UM/UIM coverage from multiple policies?
No. Massachusetts law expressly prohibits stacking of UM/UIM coverage limits across multiple policies or vehicles under Mass. Gen. Laws Ch. 175, §113L(5). You are limited to the highest single applicable policy limit. This makes choosing high individual policy limits especially important.
What is the statute of limitations for a UM/UIM claim?
Because UM/UIM claims are contract claims against your own insurer, they carry a six-year statute of limitations in Massachusetts. However, your policy may impose shorter internal deadlines for notice and for formally filing a claim. Missing a policy deadline can forfeit your coverage rights regardless of the legal limitations period. Contact an attorney promptly after your accident.
Does UM/UIM cover damage to my motorcycle?
Standard UM/UIM coverage addresses bodily injury, not property damage. Uninsured motorist property damage (UMPD) is a separate optional coverage. If the at-fault driver is uninsured and you did not purchase UMPD, your collision coverage (if you have it) would be the avenue for repairing or replacing your bike. Review your policy to understand what property damage protections you carry.
Will filing a UM/UIM claim affect my insurance rates?
Massachusetts law provides some protections for drivers filing claims that were not their fault, but the impact on your specific premium depends on your policy and insurer. This is a question best answered by reviewing your policy terms and speaking with your agent or attorney.
Injured in a Motorcycle Accident? Talk to Kiley Law Group
Whether you were hit by an uninsured driver, struck by a driver whose policy cannot cover your losses, or forced off the road in a no-contact crash, Kiley Law Group can help you understand your options and fight for the compensation you are owed. We have represented injured motorcyclists across Massachusetts and New Hampshire for more than 50 years and have recovered over $1 billion for our clients. We handle motorcycle accident cases on a contingency basis, so you pay nothing unless we win.
Call 978-474-8670 today for a free consultation, or contact us online.
This page is for general informational purposes only and does not constitute legal advice. Massachusetts law cited includes Mass. Gen. Laws Ch. 175, §113L (uninsured motorist coverage requirements and anti-stacking provision), Ch. 231, §85 (comparative negligence), and 211 CMR 3.02 (motorcycle PIP exemption). Laws change; consult a licensed Massachusetts attorney for advice specific to your situation.
