Car Accident Laws in Massachusetts
Massachusetts roads can be challenging to navigate, especially in high-traffic areas like Boston. If you’ve been involved in a crash, understanding the car accident laws in Massachusetts can help you protect your rights and access the compensation you may be entitled to. This guide breaks down the state’s no-fault insurance system, legal deadlines, and other important rules you need to know after an accident.
Massachusetts Is a No-Fault State
Massachusetts follows a no-fault insurance system for car accidents. This means that after a crash, you’ll first turn to your own Personal Injury Protection (PIP) coverage, regardless of who caused the accident. PIP pays for:
- Medical expenses (up to $8,000)
- Lost wages
- Replacement services (such as child care)
If your injuries are serious enough, you may step outside the no-fault system and sue the at-fault driver.
When You Can File a Lawsuit
You can file a personal injury claim against the at-fault driver if:
- Your reasonable medical expenses exceed $2,000
- You suffered a permanent and serious disfigurement, broken bone, or substantial loss of body function
Once you meet either of these conditions, you can pursue damages such as pain and suffering that are not available under PIP.
Comparative Fault in Massachusetts
Massachusetts uses a modified comparative fault rule. You can still recover compensation as long as you are less than 51% at fault for the crash. If you’re found to be 51% or more responsible, you cannot recover any damages.
Your final award will be reduced by your percentage of fault. For example, if you were 25% at fault and your damages total $20,000, you would receive $15,000.
Required Auto Insurance in Massachusetts
Drivers in Massachusetts must carry the following minimum insurance coverage:
- $20,000 for bodily injury per person
- $40,000 for bodily injury per accident
- $5,000 for property damage
- $8,000 in PIP coverage per person, per accident
- $20,000/$40,000 in uninsured motorist coverage
These coverages are required to register a vehicle and legally drive in the state.
Statute of Limitations for Filing a Lawsuit
In Massachusetts, the statute of limitations for filing a personal injury lawsuit after a car accident is three years from the date of the crash. Property damage claims also have a three-year deadline. If you don’t file within this period, you likely won’t be able to pursue compensation through the courts.
Reporting Requirements After a Crash
You must report a car accident to the Massachusetts Registry of Motor Vehicles (RMV) if:
- Someone was injured or killed
- There was property damage of $1,000 or more
You need to file the Motor Vehicle Crash Operator Report within 5 days of the crash. It’s also a good idea to notify your insurance company right away.
What If the Other Driver Doesn’t Have Insurance?
If the at-fault driver is uninsured, your uninsured motorist (UM) coverage will cover your injuries and damages. This protection is required in Massachusetts. If the other driver has some insurance but not enough to cover your losses, underinsured motorist (UIM) coverage may apply, if included in your policy.
What Compensation Can You Recover?
Once you meet the threshold to file a liability claim, you may seek compensation for:
- Medical expenses not covered by PIP
- Pain and suffering
- Lost income and reduced future earning ability
- Emotional distress
- Property damage
Your recovery depends on the severity of your injuries, the amount of insurance available, and your degree of fault.
Do Passengers Have Rights?
Yes. Injured passengers can typically file a PIP claim under the driver’s insurance policy. If the passenger’s injuries meet the threshold, they can also file a claim or lawsuit against the at-fault party—whether that’s the driver of their vehicle or another driver involved in the crash.
Why Legal Representation Matters
Massachusetts car accident laws are complex, especially when it comes to no-fault rules and thresholds for lawsuits. A qualified car accident lawyer can help you understand your rights, meet deadlines, and negotiate with insurers to maximize your compensation. Most personal injury attorneys offer free consultations and don’t charge unless they win your case.