Question 1

Does Massachusetts allow UM/UIM stacking?

Accepted Answer

No. The statute says that regardless of the number of vehicles involved, whether insured or not, persons covered, claims made, premiums paid or the number of premiums shown on the policy, the limit of liability for two or more vehicles or policies may not be added together, combined or stacked. It then says which single policy applies depending on whether you were in your own vehicle or one you do not own (G.L. c. 175, section 113L(5)).

Question 2

Is underinsured coverage automatic in Massachusetts?

Accepted Answer

No. Uninsured motorist coverage is required in every policy, but underinsured coverage applies only if you elect to buy it, and the insurer must notify you that you may (section 113L(2)).

Question 3

How does underinsured coverage pay?

Accepted Answer

Only to the extent your coverage limit exceeds the at-fault driver's bodily injury limit, and only if that limit is less than your coverage and insufficient to satisfy your damages (113L(2)). With $100,000 of coverage and a $25,000 limit, the most is $75,000.

Question 4

What are the minimum limits?

Accepted Answer

$20,000 per person and $40,000 per accident for policies before July 1, 2025, and $25,000 per person and $50,000 per accident for policies issued or renewed on or after that date (G.L. c. 90, section 34A).

Question 5

When can I recover for pain and suffering, and how long do I have to sue?

Accepted Answer

In a motor vehicle tort claim only if reasonable medical expenses exceed $2,000 or the injury is one of those listed, such as a fracture or permanent and serious disfigurement (c. 231, section 6D). Tort actions must be commenced within 3 years after the cause of action accrues (c. 260, sections 2A and 4).

Massachusetts UM/UIM Stacking Calculator

Estimate your UM/UIM benefits

Massachusetts bars UM/UIM stacking by statute and makes underinsured coverage optional

Massachusetts UM/UIM Stacking Calculator

Estimate your UM/UIM benefits

Massachusetts bars UM/UIM stacking by statute and makes underinsured coverage optional

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