Car accident claims: what to do next in Massachusetts

Who pays first: PIP

Massachusetts is a no-fault state. Every policy must include personal injury protection, or PIP, and it pays no matter who caused the crash. The state insurance office says PIP covers medical bills, up to 75 percent of lost wages and help at home, up to a limit of $8,000.

Source: Massachusetts Division of Insurance: Basics of auto insurance · as of Oct 5, 2026

PIP pays medical costs you have within 2 years of the crash. If your health insurance pays some of those costs, PIP pays no more than $2,000 of them.

Source: Massachusetts General Laws c. 90, § 34A: Required coverage and PIP · as of Oct 5, 2026

Send your PIP claim to the insurer as soon as you can, and within 2 years of the crash. It must include a written account of your injuries and your care.

Claiming against the other driver

Massachusetts limits claims for pain and suffering after a crash. Your reasonable and needed medical costs must be more than $2,000. If not, the injury must cause a death, the loss of a body part, serious lasting scars, a broken bone, or some loss of sight or hearing.

Source: Massachusetts General Laws c. 231, § 6D: Limits on pain and suffering claims · as of Oct 5, 2026

How fault is shared

Massachusetts uses comparative negligence. You can recover if your fault was not greater than the fault of all the people you claim against, combined. That means you can still recover at 50 percent fault, but not above it. Your money is cut by your share.

Coverage drivers must carry

For policies issued or renewed on or after July 1, 2025, the minimums are $25,000 per person and $50,000 per crash for injuries you cause. Property damage coverage must be at least $30,000. Before then, the limits were $20,000 per person, $40,000 per crash and $5,000 for property.

Source: Massachusetts General Laws c. 90, § 34A: Required coverage and PIP · as of Oct 5, 2026

Source: Massachusetts General Laws c. 90, § 34O: Property damage coverage · as of Oct 5, 2026

Source: Massachusetts Division of Insurance: Basics of auto insurance (2024 version) · as of Oct 5, 2026

Every policy must also include PIP and uninsured motorist coverage at least at the required injury limits. Uninsured motorist coverage helps when the driver at fault has no insurance.

Reporting the crash

If you hit someone or damage property, you must stop and give your name, address and plate number before you leave. Driving away without doing this is a crime.

If anyone is hurt or killed, or damage to one vehicle or other property is over $1,000, each driver must fill out a Motor Vehicle Crash Operator Report. File it with the RMV within 5 days. Send a copy to the local or state police where the crash happened, and one to your insurer. The RMV can suspend the license of a driver who does not report.

Source: Mass.gov: Report a motor vehicle crash · as of Oct 5, 2026

Deadlines

Most Massachusetts injury lawsuits must be filed within 3 years after the claim arises. A claim for a death must be filed within 3 years of the death. It can also be 3 years from when the estate's representative knew, or should have known, the facts behind the claim.

Massachusetts has a 2-year PIP claim rule and a 3-year lawsuit limit, and exceptions can apply. People's Justice is not a law firm. We do not review your crash or recommend a lawyer. If you want, you can use the form on this page to ask to be connected with a law firm that pays us to advertise.