A serious car crash can leave injured victims facing far more than physical pain. Medical bills, lost income, and long-term care needs often pile up quickly. Many people assume the at-fault driver’s insurance will fully cover those losses, only to discover too late that the available coverage is nowhere near enough. That is where uninsured and underinsured motorist coverage, commonly referred to as UM/UIM coverage, becomes critically important in injury claims in New Hampshire and Massachusetts.
What UM and UIM Coverage is Designed to Do
UM and UIM coverage exists to protect drivers and passengers when the person who caused the crash either has no insurance or does not carry enough to compensate the injured party fully. In practical terms, this coverage steps into the shoes of the at-fault driver when the at-fault driver’s policy cannot.
UM coverage applies when the at-fault driver has no insurance at all or cannot be identified, such as in hit-and-run cases. UIM coverage applies when the at-fault driver has insurance, but their policy limits are too low to cover the full extent of the injuries and losses suffered.
In severe crashes involving surgeries, permanent impairments, or long-term medical care, UIM claims are widespread because minimum liability policies are often exhausted very quickly.
How UM/UIM Claims Work Differently Than Standard Injury Claims
Many injured people are surprised to learn that filing a UM or UIM claim means dealing with their own insurance company, not the other driver’s insurer. While policyholders expect their insurer to act in their best interests, UM/UIM claims are still adversarial by nature.
Insurance companies may challenge the severity of injuries, dispute medical causation, or argue that certain damages are not related to the crash. They may also attempt to undervalue future medical needs or long-term disability. These tactics can significantly affect the outcome of a claim if they are not addressed early and thoroughly.
Our attorneys approach UM/UIM cases with the same level of scrutiny and preparation as any third-party injury claim, because insurers often defend these cases just as aggressively.
Key Differences Between New Hampshire and Massachusetts UM/UIM Laws
New Hampshire is somewhat unique when it comes to auto insurance. While the state does not require drivers to carry insurance in all circumstances, any auto policy issued in New Hampshire must include uninsured and underinsured motorist coverage unless the policyholder explicitly rejects it in writing.
Because New Hampshire requires UM and UIM coverage in any purchased policy, these protections are often central to serious injury claims. Understanding how limits, offsets, and multiple policies work together can make a substantial difference in what an injured person can recover.
Massachusetts requires all auto insurance policies to include uninsured motorist coverage. Underinsured motorist coverage is not mandatory under Massachusetts law, but it is commonly offered and strongly recommended, particularly for drivers concerned about severe injury exposure.
Coordination between multiple policies can become complicated due to Massachusetts’ anti-stacking rules. In most situations, injured individuals cannot combine coverage limits from multiple vehicles or household policies to increase the total amount available. Instead, the policy with the highest applicable limit generally controls. When an injury occurs in a vehicle the injured person does not own, that vehicle’s policy typically applies first, with any secondary coverage evaluated afterward.
Common UM/UIM Pitfalls After Serious Crashes
UM and UIM claims can be undermined by early missteps that injured people do not realize they are making.
These issues frequently include:
- Giving recorded statements before the full extent of injuries is known.
- Accepting early settlements that do not account for future medical care.
- Failing to identify all available policies that may provide coverage.
- Missing notice deadlines required under the insurance policy.
- Allowing insurers to frame injuries as minor or unrelated to the crash.
Once these mistakes occur, they can be difficult or impossible to undo.
Why UM/UIM Coverage Matters Most in Catastrophic Injury Cases
UM and UIM coverage often becomes the most important source of compensation in cases involving traumatic brain injuries, spinal cord damage, permanent disability, or fatal injuries. When liability limits are quickly exhausted, UM/UIM coverage may be the only remaining path to financial recovery.
Properly valuing these claims requires more than adding up medical bills. Long-term care needs, future lost income, and the lasting impact on a person’s life must be fully documented and supported. Our attorneys work closely with medical providers and financial experts when necessary to present a clear and accurate picture of the actual costs of a serious injury over time.
A Thoughtful Approach to UM/UIM Claims Matters
UM and UIM claims are not automatic payouts. They require careful analysis of policy language, medical evidence, and state-specific insurance laws. Treating these claims casually can leave injured people with far less compensation than they deserve.
Talk With Our Attorneys About Your UM/UIM Options
If you or a loved one has been seriously injured in a crash in New Hampshire or Massachusetts, our Portsmouth personal injury attorneys can help you understand whether UM or UIM coverage applies and how to pursue it effectively. Taking the proper steps early can make a meaningful difference in the outcome of your claim.
Call Elmore Law Office today at (603) 929-1117 or complete our online contact form to schedule a free consultation.