The word “damages” in MGL 111 s70A does not include underinsurance benefits within the scope of the lien. Underinsurance benefits aren’t considered damages because they are not legal liabilities, but are contractual liabilities for which the insured paid premiums.
Damages are the monies payable by a tortfeasor (wrongdoer) who is liable for injuries caused by his tortious act (wrongdoings) and do not include benefits resulting from underinsurance policies. As a result, benefits received from an underinsurance policy are not subject to a lien pursuant to Massachusetts General Law 111 s70A. (Meyers v. Bay State Health)