This is the Part of the Standard Massachusetts Automobile Insurance Policy we feel most strongly about. Many lawyers consider Part 12 to be among the most important coverage a driver can purchase, along with Optional Bodily Injury to Others (Part 5). The reason is fairly simple. Part 12 provides coverage in the event you or a household member suffer serious bodily injuries that were caused by the negligence of another driver whose own bodily insurance coverage (Part 1 and Part 5) are insufficient to meet the value of the claim on their insurance for bodily injury or death.
This Part covers you and all members of your household while driving your car, driving a car you don’t own but have consent to drive, or if you or a household member are injured as a pedestrian.
As we discussed in Part 1 of our series, the minimum amount of coverage a driver can purchase to legally operate his or her vehicle on a public roadway in Massachusetts is $20,000 per injured person and $40,000 if two or more persons suffer injuries in the same accident. Given the number of students living in Massachusetts, as well as those who cannot afford to purchase coverage beyond the legal minimums, it is extremely common for a Massachusetts motorist to suffer serious injuries only to learn that the maximum amount of coverage available (before attorney’s fees and medical expenses) is just $20,000; leaving little if anything to compensate the victim. And given that Part 5 is optional, many people do not have this coverage at all.
By purchasing Part 12 coverage, you guarantee that the amount of coverage that is available to compensate you for your injuries and losses is no less than the amount you elected to purchase. For example: Suppose you are driving home from work and another driver fails to obey a red traffic light and crashes into your vehicle, causing you to sustain multiple fractures. The value of your claim may have a value well in excess of $100,000. But if the driver who caused the accident only had $20,000 in (Parts 1 and 5) coverage, your claim would be limited to that amount. If, on the other hand, you purchased $250,000 in Part 12 “Bodily Injury Caused by an Underinsured Auto” coverage, you would have a total of $250,000 in coverage available to compensate you for your injuries and losses ($20,000 from the “at fault” driver, and an additional $230,000 in Part 12 coverage).
Given the high percentage of drivers operating vehicles with the minimum coverage allowed by law, and in some cases, no coverage at all, purchasing the highest amount of Part 12 coverage you can afford can be among the smartest insurance decisions you can make.
