The Short Answer:
In Massachusetts, most car accident lawsuits must be filed within 3 years of the crash, and the clock almost always begins on the date of the accident. This 3-year deadline covers both personal injury and property damage claims. If you miss it, the court can dismiss your case outright—no matter how strong the evidence or how serious your injuries.
Some situations, however, require action far sooner. For example, claims involving a government agency or a hazardous road condition can demand formal written notice in as little as 30 days, and wrongful death or uninsured motorist claims may follow slightly different timelines. Because these shorter notice rules can cut your window down dramatically, the safest approach is to speak with a qualified attorney right away to be sure every deadline is met and your right to compensation is preserved.
Key Takeaways
- 3-year standard limit: Most Massachusetts car accident lawsuits—covering both personal injury and property damage—must be filed in court within 3 years of the accident.
- Shorter deadlines for certain claims: Government-related claims or road-defect cases can require formal written notice in as little as 30 days, even though the lawsuit itself still has a 3-year limit.
- Different clocks for specific situations: Wrongful death claims, uninsured/underinsured motorist (UM/UIM) cases, and Personal Injury Protection (PIP) benefit claims each have their own unique timeframes.
- Tolling can pause the clock: Situations such as a minor plaintiff, mental incapacity, a defendant leaving the state, or fraudulent concealment can extend the deadline in limited circumstances.
- Insurance negotiations don’t stop the statute: Only filing a lawsuit in court—not negotiating with an insurance company—will preserve your right to compensation.
- Early legal guidance is critical: An attorney can track every deadline, send required notices, and file on time to protect your claim.
Table of Contents
What the Statute of Limitations Means
A statute of limitations is essentially a legal countdown clock that sets the maximum amount of time you have to start a lawsuit. For Massachusetts car accident cases, it marks the period in which you can formally bring your claim to court. Once that deadline passes, a judge can dismiss the case outright—even if your evidence is clear and compelling.
Why It’s Important
Missing the filing window—even by a single day—can permanently end your right to recover compensation. Courts enforce these deadlines strictly.
Delays can also weaken your case long before the deadline arrives. Evidence such as traffic-camera footage or skid-mark measurements can disappear, and witnesses’ memories can fade. Acting quickly not only keeps you within the legal time limit but also gives your attorney the best chance to gather strong evidence and build a persuasive claim.
The 3-Year Standard Rule
For the majority of Massachusetts car accident claims, the law provides a 3-year window to file a lawsuit for both personal injury and property damage. This deadline is set by Massachusetts General Laws c.260 §2A and almost always begins on the date of the crash.
That means if you were injured or your vehicle was damaged in a collision, you must file a formal lawsuit in the appropriate Massachusetts court within 3 years of the accident date. Filing an insurance claim—even one that is actively being negotiated—does not stop this 3-year countdown. Only the actual filing of a lawsuit preserves your right to seek damages once the statute of limitations expires.
Wrongful Death After a Crash
When a Massachusetts car accident leads to a fatality, the estate of the deceased person—through the executor or administrator—has the right to file a wrongful death lawsuit. Key points to know:
- Deadline: The estate generally has 3 years to file, set by Massachusetts General Laws c.229 §2.
- When the clock starts: It usually begins on the date of death, which may be later than the date of the accident.
- Discovery rule: If the executor or administrator could not reasonably have known that someone’s negligence caused the death—for example, if a defective vehicle part is discovered months later—the 3-year period starts when the cause is or should have been discovered.
Acting promptly allows the estate’s attorney to preserve evidence and meet all filing requirements while protecting the family’s right to compensation.
Special Deadlines & Short-Fuse Notices
While the 3-year statute of limitations covers most car accident lawsuits, some claims come with notice requirements or different timeframes that can be much shorter—and missing them can end your case before it starts. This is another reason to speak with an attorney as soon as possible after an accident so they can help you meet these important deadlines.
Claims Against Government Entities
If a city, town, or state agency is responsible for the crash—for example, because of negligent road maintenance—you must follow the Massachusetts Tort Claims Act. This law requires a written “presentment” notice to the appropriate government office within 2 years of the accident. The notice must describe the facts of the claim and the damages you seek. You generally cannot file the lawsuit until the government denies the claim or 6 months have passed after the presentment.
Roadway Defect Claims
When a car accident is caused by a dangerous pothole or another defect on a public way, Massachusetts General Laws c.84 §18 imposes an even tighter deadline. You must give written notice to the government entity responsible for the road within 30 days of the crash. Even though you still have 3 years to file the lawsuit itself, failing to send that 30-day notice can bar recovery entirely.
Hit-and-Run Accidents
If the driver who caused the crash cannot be identified immediately, you must notify both the police and the Registry of Motor Vehicles within 30 days. Once the at-fault driver or vehicle owner is discovered, you have up to 6 months to file suit, but there is an absolute cap of 3 years from the date of the accident.
Uninsured or Underinsured Motorist (UM/UIM) Claims
Claims against your own insurer for UM or UIM coverage are treated as contract actions, which means they follow a 6-year statute of limitations under c.260 §2. Your insurance policy, however, may require you to provide notice or demand arbitration much sooner, so it’s critical to read your policy carefully and act quickly.
Personal Injury Protection (PIP) Benefits
Massachusetts is a no-fault insurance state, and drivers typically file for PIP benefits with their own insurer to cover medical bills and lost wages. To qualify, you must submit the claim as soon as possible and no later than 2 years after the accident, even though a lawsuit for additional damages may have a longer deadline.
Because these special rules can cut the window down to as little as 30 days, contacting a lawyer immediately after a crash is the safest way to make sure every required notice and filing is made on time.
Tolling & Exceptions
In a few situations, Massachusetts law will pause the 3-year clock or start it later. These “tolling” rules give extra time only in limited circumstances:
- Minors or people who are legally incapacitated: The clock does not start until the person turns 18 or regains legal capacity.
- Defendant leaves Massachusetts: Time spent out of state by the at-fault driver is not counted toward the 3-year limit.
- Fraudulent concealment: If someone hid key facts—for example, by covering up a defect or falsifying records—the deadline begins when the injured party discovers, or reasonably should have discovered, the wrongdoing.
These exceptions are not automatic and can be difficult to prove. To avoid any risk, it’s safest to assume the earliest possible deadline applies and talk to a lawyer as soon as you can.
When Does the Clock Start?
For most car accident cases in Massachusetts, the 3-year countdown begins on the date of the crash, because injuries and damage are usually known right away.
There are a few limited exceptions. In a wrongful death case, the clock starts on the date of death, which could be later than the accident itself. And when the at-fault driver is unknown—such as in a hit-and-run—a special rule allows the clock to start when the driver’s identity is discovered, but never beyond 3 years from the accident.
Even if you think an exception might apply, it’s important to act as though the deadline started on the accident date so you don’t risk losing your right to sue.
What If I Miss a Notice but Still Have 3 Years?
Some claims require early written notices in addition to the 3-year lawsuit deadline. If you miss those notices, you can lose your right to recover—even if you are still within the 3-year window.
For example, a road-defect claim demands written notice to the town or state within 30 days of the crash, and a claim against a government agency requires a formal presentment notice within 2 years. If either notice is late, the court can dismiss the case even if you try to file the lawsuit later within the normal time limit.
Because these rules are strict and easy to overlook, it’s best to speak with a lawyer right away so every notice is sent on time.
Car Accident Statute of Limitations FAQs
Even if negotiations or the investigation drag on, the statute of limitations keeps running. Insurance talks do not stop the clock. If the deadline is near and there’s no settlement, your lawyer will usually file a lawsuit to preserve your rights while discussions continue.
Yes, but it’s different from the court’s deadline. Massachusetts law requires insurers to handle claims promptly and in good faith under the state’s unfair claims settlement practices rules (Ch. 176D and Ch. 93A). While there’s no single number of days for every step, insurers must respond and act within a reasonable time. If they unreasonably delay payment, you and your lawyer can pursue additional damages for unfair or deceptive practices.
No. Only filing a lawsuit in court stops the countdown. Negotiating or waiting for the insurance company’s offer won’t extend the legal deadline.
Time that the defendant spends out of state usually doesn’t count toward the 3-year limit, but you’ll need to prove their absence to rely on this rule.
As soon as possible. Some notices, like the 30-day road-defect requirement, come far sooner than the 3-year lawsuit deadline, and an attorney can make sure those early steps are not missed.
Contact a Personal Injury Lawyer Before Time Runs Out
Deadlines in Massachusetts car accident cases can be shorter and more complicated than most people expect. Our team at Jim Glaser Law makes sure every requirement is met—whether it’s a 30-day road-defect notice, a 2-year government claim presentment, or the standard 3-year lawsuit deadline.
From the moment you call, we move quickly to preserve evidence, file the necessary notices, and protect your right to compensation. Don’t risk losing your claim because a clock ran out. Contact Jim Glaser Law today for a free consultation, and let us handle the deadlines while you focus on healing.
