Car Accident Lawsuit in Massachusetts

Massachusetts is a no-fault state requiring $8,000 in Personal Injury Protection (PIP) coverage. PIP pays regardless of fault for medical expenses and 75% of lost wages. A tort claim against the at-fault driver for pain and suffering requires meeting a verbal or monetary threshold: medical expenses exceeding $2,000, or injury involving death, loss of a body member, permanent and serious disfigurement, loss of sight or hearing, or fracture.

The statute of limitations for personal injury MVA claims in Massachusetts is three years from the date of the accident (M.G.L. c. 260, § 2A). The PIP threshold clock for tort claims begins running from the date of the accident. Claims against a government entity require presentment under M.G.L. c. 258 within two years.

Venue is proper in the county where either party resides or where the accident occurred (M.G.L. c. 223, § 1). Suffolk County (Boston), Middlesex County, and Worcester County handle the highest MVA volumes. Massachusetts uses a modified comparative fault rule — plaintiffs more than 50% at fault are barred from recovery.

Massachusetts mandatory minimums are 20/40/5 for bodily injury and property damage. UM coverage at 20/40 is required; UIM coverage is optional but strongly advisable. Massachusetts regulates auto insurance through a managed competition system, meaning insurers must offer UM/UIM at standardized terms. The state's uninsured driver rate is among the lowest nationally (~5–6%).