PLMAmedium
A Massachusetts insured carrying only the compulsory 25/50 UM limits is struck by a hit-and-run driver and incurs $30,000 in bodily injury damages above her PIP recovery. How much can she recover from her own UM coverage under M.G.L. c. 175 §113L?
$25,000 — the per-person UM compulsory limit
B$0 — UM does not respond to hit-and-run claims
C$8,000 — limited to the PIP layer
D$30,000 — full damages because UM has no aggregate cap
Why this is the answer
M.G.L. c. 175 §113L treats a hit-and-run driver as uninsured for UM purposes, so the insured's own UM coverage responds — but only up to the per-person UM limit on the policy. With the compulsory 25/50 minimum (the c. 90 §34A bodily injury floor for policies issued or renewed on or after July 1, 2025), her recovery from UM is capped at $25,000 per person, leaving $5,000 of her $30,000 damages unpaid.
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