Massachusetts Motor Vehicle Accident Laws

Insurance Requirements

System type: Massachusetts operates under a no-fault insurance system, meaning that after an accident, your own insurance, through personal injury protection (PIP) coverage, covers medical expenses and certain other losses, regardless of fault. However, you may pursue a claim against an at-fault driver if your injuries meet specific criteria, such as exceeding $2,000 in medical expenses or involving serious disfigurement or broken bones.

Minimum coverage requirements: State law mandates the following minimum auto insurance coverages for all drivers:

• Liability Insurance:
  • $20,000 for bodily injury per person
  • $40,000 for total bodily injury per accident
  • $5,000 for property damage per accident
• PIP: $8,000 per person for medical expenses, lost wages, and replacement services, regardless of fault
• Uninsured/underinsured motorist (UM/UIM) coverage: $20,000 per person and $40,000 per accident for bodily injury caused by an uninsured or hit-and-run driver, which protects you if the at-fault driver lacks sufficient insurance
• Property damage liability: $5,000 per accident for damage to someone else’s property

Penalties for non-compliance: Driving without insurance in Massachusetts carries significant penalties, including a minimum fine of $500, possible suspension of your driver’s license and vehicle registration, and payment of one year’s premium at the highest insurance rate in the state. Additional costs may include reinstatement fees and increased insurance premiums. 

Rideshare drivers: Massachusetts requires rideshare drivers, such as those with Uber or Lyft, to carry specific coverage:

• App on, but no passenger (Period 1): Minimum liability limits of $50,000 per person, $100,000 per accident, $30,000 for property damage, and $8,000 PIP coverage
• Ride accepted or passenger on board (Periods 2 and 3): $1,000,000 in liability coverage, along with UM/UIM coverage; collision and comprehensive coverage may apply if included in the driver’s personal policy

Optional enhancements: To better protect against financial losses, many drivers choose additional coverage:

• Optional Bodily Injury to Others: Covers injuries to passengers in your car, increases liability limits, and extends coverage to accidents outside Massachusetts
• Collision coverage: Covers damages to your vehicle regardless of fault
• Comprehensive coverage: Protects against non-collision events like theft, vandalism, or weather damage
• Higher PIP limits or MedPay coverage: Offers more extensive protection for medical expenses
• Underinsured motorist coverage: Protects you when an at-fault driver’s liability limits are insufficient to cover your losses
• Rideshare endorsements: Extends personal policy coverage during “Period 1” to address potential gaps

Fault Laws

Modified comparative negligence in Massachusetts

Massachusetts follows a modified comparative negligence system, which allows accident victims to recover damages even if they share some responsibility for the crash, provided their fault does not exceed 50%. Compensation is reduced in proportion to the victim’s degree of fault. For example, if a driver is 20% at fault for an accident with $50,000 in damages, they can recover $40,000. However, if the victim is found to be 51% or more at fault, they are barred from recovering any compensation.

This system underscores the importance of evidence, including police reports, witness statements, and photographs, to establish fault and secure fair compensation. Insurance adjusters and courts use these details to assess liability in claims and lawsuits.

Multi-vehicle collisions

In accidents involving multiple parties, fault is divided among drivers based on their contributions to the collision. Massachusetts’ modified comparative fault system adjusts compensation according to each party’s degree of responsibility. These cases often demand detailed evidence, including accident reconstruction experts, and may require professional legal guidance to navigate fault allocation and maximize recovery.1

Special considerations for passengers

Passengers injured in Massachusetts car accidents have the right to seek compensation from any at-fault party, whether it is the driver of the vehicle they were in or another driver involved in the crash. However, a passenger’s compensation may be reduced if their actions, such as failing to wear a seatbelt, contributed to their injuries.

Statute of Limitations

Personal injury claims: Massachusetts law provides accident victims with three years from the date of the accident to file a personal injury lawsuit. This timeframe applies to individuals injured in a car accident, including drivers, passengers, pedestrians, and bicyclists. Filing beyond this deadline typically results in the dismissal of the claim.

Property damage claims: Claims for vehicle damage or other property-related losses also fall under the three-year statute of limitations, beginning on the date of the accident.

Wrongful death claims: For fatal accidents, the executor or administrator of the deceased’s estate must file a wrongful death lawsuit within three years of the victim’s death, not necessarily the accident date.

Government claims: Claims against Massachusetts government entities are subject to stricter timelines and procedures under the Massachusetts Tort Claims Act (MTCA). Victims must file a notice of intent to claim within 30 days of the accident, providing details of the incident, damages sought, and financial losses. The government has six months to respond; if the claim is denied or no response is provided, the claimant may proceed with a lawsuit.

Exceptions to the statute of limitations:

• Minors: If the injured party is under 18, the statute of limitations is paused until their 18th birthday, giving them until age 21 to file a claim
• Discovery rule: If injuries are not immediately apparent, the timeline begins when the harm is discovered or reasonably should have been discovered
• Defendant’s absence: If the at-fault party is out of state, the statute of limitations may be paused until they return

Accident Reporting Requirements

When to report an accident

Massachusetts law requires drivers to report a motor vehicle accident under the following circumstances:

• Personal Injury or death: If anyone involved in the accident is injured or killed
• Property damage: If the combined damage to all vehicles or property exceeds $1,000

Accidents meeting these criteria must be reported within five days of the incident using the Motor Vehicle Crash Operator Report form. Failure to report an accident as required can result in suspension of your driver’s license and other penalties.

Drivers should also contact the local police department or state police immediately after an accident if injuries occur or significant damage is evident, as they may prepare an official accident report at the scene.

Filing accident reports

If law enforcement does not respond to the scene, it is the driver’s responsibility to file a report. Reports must be submitted to:

1. The local police department in the city or town where the accident occurred
2. The Massachusetts Registry of Motor Vehicles (RMV) at:

Crash Records, Registry of Motor Vehicles

P.O. Box 55889, Boston, MA 02205-5889

3. The driver’s insurance company

The report should include the driver’s license and registration details, insurance information, and a description of the crash, including road and weather conditions.

How to access accident reports

Accident reports are vital for insurance claims and legal purposes. In Massachusetts, you can obtain police crash reports through the following methods:

• Online: Visit the RMV Crash Report Portal to request a copy of the crash report. A $20 non-refundable fee applies
• By mail: Complete the Request for Copy of Police Crash Report form and send it along with identification and payment (check or money order) to the RMV at the address above
• In-person: Visit the police department that handled the crash to request a copy of the report

Allow at least four weeks for the RMV to process requests and ensure the report is available.

Additional considerations

Private property accidents: Accidents on private property, such as parking lots, may not require police involvement, but drivers should still exchange information, document the scene, and report the incident to their insurer.

Hit-and-run incidents: If the other driver leaves the scene, report the incident immediately to law enforcement and provide as much identifying information about the fleeing vehicle as possible.

Wildlife collisions: Accidents involving animals must be reported if property damage exceeds $1,000 or if injuries occur.

For more information, visit the Massachusetts RMV Accident Reporting page.

Compensation Limits

Economic damages: Massachusetts places no cap on economic damages in car accident cases. Victims can recover the full extent of their financial losses, which may include medical expenses, lost wages, property damage repair, and other quantifiable costs. Recovery is often limited by the at-fault driver’s insurance policy limits. For damages exceeding these limits, victims can explore their own uninsured/underinsured motorist (UI/UIM) coverage or pursue legal action against the at-fault party directly.

Non-economic damages: Non-economic damages in Massachusetts, such as compensation for pain and suffering, emotional distress, and loss of enjoyment of life, are also uncapped. However, under Massachusetts General Laws Chapter 231, Section 6D, claimants may only recover non-economic damages if their medical expenses exceed $2,000 or their injuries involve disfigurement, permanent loss of bodily function, or other serious conditions.

Punitive damages: Massachusetts generally does not allow punitive damages in car accident cases. Exceptions are limited to wrongful death claims, where punitive damages may be awarded to punish gross negligence or intentional misconduct. These cases often require clear evidence of egregious behavior. 

Claims involving wrongful death: In wrongful death claims, Massachusetts law does not cap economic or non-economic damages. Claimants may seek compensation for loss of companionship, funeral expenses, and other related costs. Punitive damages may also be awarded in cases involving gross negligence or malicious intent, though these awards are rare and subject to judicial discretion.

Claims against government entities: Under the Massachusetts Tort Claims Act (MTCA), damages in claims against government entities or employees are capped at $100,000 per person. This limit applies to both economic and non-economic damages, and punitive damages or interest payments are not permitted. These financial constraints make it crucial for victims to understand the potential recovery limitations when pursuing claims against public entities.

Medical Coverage Considerations

Navigating medical coverage after a car accident in Massachusetts is essential for managing healthcare expenses and accessing necessary treatments. The state’s insurance system includes Personal Injury Protection (PIP), optional Medical Payments Coverage (MedPay), health insurance, and government assistance programs, each serving a distinct purpose in covering medical costs.

PIP: Massachusetts requires all drivers to carry PIP insurance, which provides up to $8,000 in coverage for medical expenses, lost wages, and replacement services, regardless of fault. PIP prioritizes the first $2,000 of medical expenses and applies additional coverage beyond that if the injured party lacks health insurance or if their insurer denies specific claims. However, PIP excludes certain scenarios, such as motorcycle accidents, non-vehicle-related injuries, and DUI-related crashes.

Medical Payments Coverage (MedPay): MedPay, an optional insurance add-on, supplements PIP benefits by covering remaining out-of-pocket expenses such as co-pays, deductibles, and non-network treatments. Insurers in Massachusetts must offer at least $5,000 in MedPay coverage, though drivers are not required to purchase it. Choosing MedPay can be beneficial for addressing costs that exceed PIP limits or are excluded under health insurance plans.

Health insurance: Health insurance serves as secondary coverage after PIP and MedPay, addressing expenses not covered by auto insurance. However, health insurers often seek reimbursement through subrogation, meaning settlement funds may be used to repay accident-related medical costs they covered. Treatments obtained outside the insurer’s network or without prior authorization may also be excluded, leaving MedPay or personal payment as alternatives.

Government assistance programs: Programs like MassHealth (Medicaid), Medicare, and TRICARE provide essential support for eligible individuals. These programs cover a wide range of treatments, from emergency care to long-term rehabilitation. Beneficiaries must report accident-related claims promptly and adhere to program-specific guidelines to avoid delays or disputes in coverage.

Medical Liens and letters of protection: Healthcare providers may place liens on settlement proceeds to secure payment for accident-related treatments. This ensures they are compensated directly from settlement funds. Alternatively, attorneys can issue Letters of Protection, allowing victims to receive necessary care without upfront payment. Proper negotiation of liens is critical to maximizing recovery while ensuring providers are paid fairly.

Important considerations:

• Document everything: Keep detailed records of medical bills, insurance communications, and related expenses to streamline claims and legal processes
• Seek immediate care: Prompt treatment is essential for both health and documenting injuries for claims or legal proceedings
• Understand insurance priorities: PIP covers the first $2,000 of expenses, with health insurance and MedPay stepping in for costs exceeding this amount
• Consult a lawyer: A personal injury attorney can navigate complex insurance rules, negotiate settlements, and manage medical liens to maximize compensation

Unique Local Factors

Massachusetts presents unique challenges for drivers due to its dense population, varying geography, and distinct climate. These elements influence driving conditions and accident risks across the state.

Weather and road conditions: Massachusetts’ climate creates challenging road conditions, particularly in winter and during transitional seasons. Snow, ice, and freezing rain make winter driving hazardous, with black ice forming on bridges and shaded areas during early morning and late evening hours. Spring freeze-thaw cycles cause potholes and road damage, increasing accident risks. Coastal regions experience dense fog and severe storms, particularly in areas like Cape Cod and the North Shore, reducing visibility and complicating travel.

Traffic hazards and wildlife: Urban areas, such as Boston, face heavy congestion during rush hours, compounded by narrow streets and outdated infrastructure. Suburban and rural roads present different risks, including limited lighting, winding routes, and wildlife crossings, particularly during dusk and dawn when deer are most active. These risks require heightened vigilance and lower speeds in poorly lit or wildlife-prone areas.

Tourism and events: Massachusetts’ popularity as a tourist destination results in surges of traffic during peak seasons and holidays. Summer tourism drives congestion around Cape Cod, Martha’s Vineyard, and Nantucket, while autumn leaf-peeping draws crowds to scenic areas like the Berkshires and the Mohawk Trail. Events like the Boston Marathon and St. Patrick’s Day Parade significantly increase pedestrian and vehicle traffic. Drivers should plan alternative routes and travel during off-peak hours to avoid delays and reduce accident risks.

Key tips for drivers

• Equip vehicles with snow tires during winter and maintain essential safety features like brakes and wipers
• Use GPS for real-time traffic updates and avoid high-traffic areas during peak seasons or major events
• Exercise caution in poorly lit rural areas and wildlife zones, using high beams when appropriate

Local Resources & Contacts

State agencies:

• Massachusetts Department of Transportation (MassDOT): Provides updates on road conditions, construction projects, and traffic advisories 
  • Website: www.mass.gov/orgs/massachusetts-department-of-transportation
  • Phone: (857) 368-4636
• Registry of Motor Vehicles (RMV): Handles driver licensing, accident reports, and vehicle registration
  • Website: www.mass.gov/orgs/massachusetts-registry-of-motor-vehicles  
  • Phone: (857) 368-8000
• Massachusetts Division of Insurance: Offers guidance on auto insurance requirements, filing complaints, and dispute resolution
  • Website: www.mass.gov/orgs/division-of-insurance   
  • Phone: (617) 521-7794

Massachusetts State Police: Manages traffic enforcement and accident reports.

• Website: www.mass.gov/orgs/massachusetts-state-police      
• Phone: (508) 820-2300

Legal assistance: Consulting a Massachusetts personal injury attorney is vital for navigating the state’s no-fault insurance system, managing medical liens, and pursuing compensation. Many attorneys provide free consultations to assess claims and guide victims through the recovery process.