My insurance agent is telling me I should pay extra money for uninsured or under-insured insurance on my car policy. I can't really afford extra expenses now so I don't want to. Is this stuff really that important? Is it required by law? If I have to can't I always sue the driver who injures me? Thanks.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Unisured and underinsured drivers
Here's the thing: Typically, those who drive around without insurance (or with not enough insurance) are not the well-to-do, asset rich people who make good defendants in civil suits. They often do not have insurance because they have no money. So, yes, you can always sue someone if they cause you injury through their negligence, but that doesn't mean you will collect any money. For some information about the difficulties associated with maintaining a law suit, you should read some of the posts in our Massachusetts Personal Injury Discussion Forum. So . . . I have to side with your insurance agent on this one. Buy the uninsured and under-insured insurance coverage.
Massachusetts law only requires you to purchase insurance for bodily injury caused by an uninsured auto, with a mandatory limit of $20,000 per person and $40,000 per accident. However, even though less than 1% of drivers in Massachusetts drive without insurance, the underinsured drivers portion of your policy will definitely come in handy if you suffer significant injury as a result of the negligence of a driver with the minimum insurance coverages. Finally, my understanding is that this type of insurance is fairly cheap. Hope that helps.