The Short Answer:
Massachusetts car accident laws combine several rules that can affect your insurance claim and your ability to pursue compensation after a crash. Massachusetts is a no-fault car insurance state, which means injured drivers often turn first to their own Personal Injury Protection benefits under M.G.L. c. 90, § 34M.
Fault can still matter. Under Massachusetts’ modified comparative negligence law, you may recover damages if your share of fault is not greater than the fault of the person or people you are suing. Your compensation may be reduced by your percentage of fault.
Massachusetts also has strict reporting and filing rules. Under M.G.L. c. 90, § 26, crashes involving injury, death, or more than $1,000 in property damage must generally be reported in writing within 5 days. Personal injury lawsuits are generally subject to a 3-year deadline under M.G.L. c. 260, § 2A.
Key Takeaways
- Massachusetts is a no-fault state. Your own PIP coverage may pay certain benefits after a crash, regardless of who caused the accident.
- You can still pursue an at-fault driver in some cases. No-fault insurance doesn’t always prevent a personal injury claim, especially when the injuries or losses meet the legal threshold.
- Fault can reduce your compensation. Under Massachusetts comparative negligence law, damages are reduced based on your share of fault.
- You may not recover if you are more than 50% at fault. Massachusetts law allows recovery only when your negligence is not greater than the negligence of the other party or parties.
- Some crashes must be reported within 5 days. A written accident report is generally required if someone is injured or killed, or if property damage is more than $1,000.
- Most car accident lawsuits have a 3-year deadline. In many Massachusetts personal injury cases, the lawsuit must be filed within 3 years after the claim accrues.
- Other laws may also affect your case. Hit-and-run rules, insurance surcharge regulations, minimum coverage requirements, and wrongful death laws may apply depending on the facts of the crash.
Table of Contents
- No-Fault Car Insurance State
- Massachusetts Uses Modified Comparative Negligence
- State Car Accident Reporting Law
- Massachusetts Car Accident Statute of Limitations
- Wrongful Death Claims After a Fatal Massachusetts Car Accident
- FAQs: Massachusetts Car Accident Laws
- Contact Jim Glaser Law About a Massachusetts Car Accident
No-Fault Car Insurance State
Massachusetts is a no-fault car insurance state. This means that after many car accidents, an injured person first turns to their own auto insurance policy for certain benefits, no matter who caused the crash.
This no-fault coverage is called Personal Injury Protection, or PIP. Under M.G.L. c. 90, § 34M, Massachusetts motor vehicle liability policies must provide PIP benefits, unless those benefits are modified by a deductible allowed under the statute.
PIP is designed to provide prompt payment for certain crash-related losses without waiting for a full fault investigation. In practical terms, that means your own insurance company may pay PIP benefits even if another driver caused the accident.
This can be helpful after a crash because medical bills and lost income often start immediately. PIP may provide benefits while questions about fault, liability, and any claim against another driver are still being reviewed.
After a Massachusetts car accident, PIP may help cover certain out-of-pocket losses, including:
- Medical expenses related to the crash
- A portion of lost wages if your injuries keep you from working
- Replacement services, such as help with certain tasks you can’t do because of your injuries
PIP doesn’t always cover every loss after a serious accident. It also doesn’t mean the at-fault driver is automatically free from responsibility. In some cases, PIP is only the first part of the claim.
Massachusetts Uses Modified Comparative Negligence
Massachusetts follows a modified comparative negligence rule in car accident cases. This law matters when more than one person may share blame for a crash.
Under M.G.L. c. 231, § 85, being partly at fault doesn’t automatically prevent an injured person from recovering damages. Instead, the injured person may still recover compensation if their share of fault was not greater than the fault of the person or people they are bringing the claim against. Any damages awarded are reduced based on the injured person’s percentage of fault.
The 51% Rule Under M.G.L. c. 231, § 85
The “51% rule” means that fault can either reduce your compensation or prevent recovery altogether.
If you are 50% or less at fault, you may still be able to recover damages, but your recovery may be reduced by your percentage of fault. If you are more than 50% at fault, you generally can’t recover damages from the other driver.
This rule can make fault disputes especially important after a crash. Insurance companies may try to shift more blame onto the injured person to reduce what they have to pay or avoid paying the claim entirely.
What Happens If You Are Partly at Fault?
If you are partly responsible for a Massachusetts car accident, your compensation may be reduced in proportion to your share of fault.
For example, if your damages are valued at $100,000 and you’re found 25% at fault, your recovery may be reduced by 25%. That would leave a potential recovery of $75,000.
Fault may be based on many factors, including speeding, distracted driving, following too closely, failing to yield, unsafe lane changes, or ignoring traffic signs and signals.
An attorney can help protect your claim by helping make sure you aren’t unfairly blamed for your accident.
State Car Accident Reporting Law
Massachusetts law requires drivers to report certain car accidents in writing. Under M.G.L. c. 90, § 26, a driver must file a crash report if the accident caused someone to be injured, someone to be killed, or more than $1,000 in damage to any one vehicle or other property. The report generally must be filed within 5 days after the crash.
This reporting rule is separate from calling 911 at the scene. If police respond to the crash, you may still need to complete and submit the required Massachusetts crash report.
When You Must Report a Crash Under M.G.L. c. 90, § 26
You must generally file a Massachusetts Motor Vehicle Crash Operator Report if the crash involved:
- An injury
- A death
- More than $1,000 in damage to any one vehicle
- More than $1,000 in damage to other property
Drivers must complete the Motor Vehicle Crash Operator Report for crashes involving injury, death, or damage over $1,000, and file it with the Registrar within 5 days unless they are physically incapable of doing so.
Where the Accident Report Must Be Sent
The written crash report must be sent to the Registrar of Motor Vehicles. A copy must also be sent to the police department with jurisdiction over the location where the crash happened.
For example, if the crash happened in Worcester, a copy should go to the Worcester Police Department. If the crash happened on a state road or involved state police response, the reporting process may involve the appropriate law enforcement agency as well.
Massachusetts Car Accident Statute of Limitations
A car accident injury claim is usually a tort claim, which means it is based on another person’s wrongful conduct, such as negligent driving. Under Massachusetts law, these lawsuits generally must be filed in court within 3 years.
This deadline can apply to claims involving medical bills, lost income, pain and suffering, and other crash-related damages. Waiting too long can put the entire case at risk, even when the other driver was clearly at fault.
Different rules may apply if the crash involved a public vehicle, public employee, public agency, city, town, or the Commonwealth of Massachusetts. Under M.G.L. c. 258, § 4, a claim against a public employer generally must first be presented in writing to the executive officer of that public employer within 2 years after the claim arises.
Wrongful Death Claims After a Fatal Massachusetts Car Accident
When a Massachusetts car accident is fatal, the case may involve the state’s wrongful death law. These claims are different from ordinary injury claims because the injured person is no longer able to bring the case. Instead, the claim is generally brought for the benefit of the people entitled to recover under Massachusetts law.
Under M.G.L. c. 229, § 2, a wrongful death claim may arise when a person’s death is caused by another party’s negligence, willful, wanton, or reckless conduct, or certain other legally recognized grounds. In a car accident case, this may include a crash caused by careless driving, impaired driving, distracted driving, speeding, or other dangerous conduct.
What Damages May Be Available in a Wrongful Death Case?
Massachusetts law allows recovery for the fair monetary value of the deceased person to the people entitled to receive damages. This may include the loss of the person’s reasonably expected income, services, protection, care, assistance, society, companionship, comfort, guidance, counsel, and advice. The law also allows recovery for reasonable funeral and burial expenses.
No amount of money can replace a loved one. A wrongful death claim is meant to address the financial and personal losses caused by the fatal crash and to help surviving family members understand their legal options after the accident.
FAQs: Massachusetts Car Accident Laws
The main Massachusetts car accident laws include no-fault insurance and PIP benefits, modified comparative negligence, mandatory crash reporting, minimum auto insurance requirements, and filing deadlines. These laws can affect which insurance policy pays first, whether fault reduces compensation, when a crash must be reported, and how long an injured person has to file a lawsuit.
Yes. Massachusetts is a no-fault car insurance state. Most Massachusetts auto policies must include Personal Injury Protection, or PIP, which can provide certain benefits after a crash regardless of who caused the accident.
No-fault insurance doesn’t mean fault never matters. If the injuries or losses meet the legal threshold, an injured person may still be able to bring a claim against the driver who caused the crash.
You may be able to recover compensation if you were partly at fault, as long as your negligence was not greater than the negligence of the person or people you’re bringing the claim against. For example, if your damages are $100,000 and you’re found 25% at fault, your recovery may be reduced by 25%.
Not every minor crash requires a written accident report, but many do. A driver must file a written report within 5 days if the crash caused injury, death, or more than $1,000 in damage to any one vehicle or other property. The report must be sent to the Registrar, and a copy must be sent to the police department with jurisdiction over the crash location.
In many Massachusetts car accident injury cases, the deadline to file a lawsuit is 3 years from when the cause of action accrues. Different deadlines may apply in some cases, especially if the crash involved a public vehicle, public employee, public agency, city, town, or the Commonwealth of Massachusetts.
Fatal crashes may involve Massachusetts wrongful death law. A wrongful death claim may be available when a person’s death is caused by negligence, willful, wanton, or reckless conduct, or certain other legally recognized grounds. The law allows damages for the fair monetary value of the deceased person to those entitled to recover, as well as reasonable funeral and burial expenses.
Contact Jim Glaser Law About a Massachusetts Car Accident
Massachusetts car accident laws can affect your insurance benefits, fault determination, reporting obligations, and filing deadline. These rules can be confusing after a serious crash, especially if you’re dealing with injuries, missed work, vehicle damage, or questions from an insurance company.
Attorney Jim Glaser and his team can review what happened, explain how Massachusetts law may apply to your situation, and help you understand your next steps. Whether your case involves PIP benefits, a dispute over fault, a hit-and-run, an insurance surcharge, or a potential lawsuit, getting legal guidance early can help protect your rights.
Contact Jim Glaser Law today to discuss your Massachusetts car accident case.
