See what to do after a Massachusetts car accident to protect your legal rights and maximize injury compensation.
On average, close to 100 people are injured or killed every day on Massachusetts roadways.¹
The Commonwealth of Massachusetts is a no-fault auto insurance state. If you are injured in a traffic accident, you’re entitled to pursue compensation, but you must first rely on the Personal Injury Protection (PIP) under your own policy.
Here’s what you need to know about Massachusetts traffic laws and motor vehicle injury claims.
What to Do After a Massachusetts Car Accident
Here are five steps you can take after a collision to comply with Massachusetts car accident laws. Violating traffic and car accident laws can lead to a range of fines and penalties.
1. Stay At the Scene and Exchange Information
Massachusetts laws require drivers to stop and stay at the scene of an accident after colliding with a vehicle or causing injury. Drivers must share their name, address, and vehicle registration number. Drivers must also show their driver’s license upon request.
2. Call 911 and Help the Injured
Drivers are legally required to notify police of any car accident involving injuries or damage over $1,000. They also must send a report to the Registrar of Motor Vehicles.
Massachusetts drivers are not specifically required to render aid to the injured after a motor vehicle collision. However, calling 911 to report the crash and request an ambulance is appropriate.
3. Seek Prompt Medical Treatment
Protect your health and your right to compensation by seeking prompt medical care after a car accident. Refusing or delaying medical care after a crash can make your injuries worse, and give the insurance company an excuse to challenge your claim.
Massachusetts is a no-fault state, so you must first rely on the PIP coverage under your own policy. Even your own insurance company can fight your claim if they think your injury isn’t directly related to the accident.
Let medics evaluate you at the scene. Go with them if they want to take you to the emergency room. If you aren’t taken straight to the hospital from the scene, have someone take you to an urgent care center as soon as possible, preferably on the same day as the crash.
At the exam, tell the medical provider about every injury and symptom. You’re entitled to a full medical evaluation.
4. Gather Evidence From the Scene
Massachusetts is a no-fault state, meaning you must first rely on your own Personal Injury Protection (PIP) coverage for injury claims, no matter who caused the accident. PIP covers your medical expenses, up to 80 percent of your lost income, and replacement services of up to $8,000. PIP does not pay for pain and suffering.
You can’t pursue personal injury compensation from the at-fault party unless your injuries are severe. If your injuries do exceed the serious injury threshold, then you and your attorney must prove the other driver was at fault to justify your claim.
The police crash report is strong evidence of fault, especially if the other driver was ticketed for a traffic violation. Other types of evidence include:
- Photographs and video of the crash scene
- Names and contact information from witnesses
- Your personal notes about the accident
5. Notify Both Insurance Companies
You must notify your own insurance company of an auto accident no matter who caused it. Under Massachusetts no-fault laws, your injury claim starts with the PIP coverage under your own policy.
Additionally, your auto policy is a legally binding contract that requires you to notify your insurer after an accident. In turn, your insurer has a duty to defend you against any lawsuits arising from the accident.
If your injuries exceed the no-fault threshold, you or your attorney will notify the at-fault driver’s insurance carrier of your intent to pursue compensation.
Serious injury claims are best handled by an experienced personal injury attorney. The other driver’s insurance company will likely resist your claim or challenge the scope of your damages. An attorney will gather all the evidence of fault and injury you need to get the compensation you deserve, including non-economic damages like pain and suffering.
Massachusetts Fault and Liability Rules
The Commonwealth of Massachusetts is a no-fault auto insurance state. You can file a PIP claim with your own insurance company no matter who caused the accident.
When you’ve suffered injuries that exceed the no-fault threshold, you must prove the other driver was at fault to file a successful liability claim or lawsuit.
Massachusetts Shared Fault Rules
Massachusetts is a modified comparative fault state. Outside of no-fault rules, you may seek compensation from the at-fault driver so long as you are less than 51 percent to blame for your injuries.
Example of Modified Comparative Fault in Massachusetts
Ted and Roxanne had been dancing and drinking late into the night at a popular bar in Cambridge. After leaving the bar, Ted lost control of his vehicle, wrapping it around a tree. Both Ted and Roxanne were severely injured. Ted was found to be twice the legal limit for alcohol.
Roxanne suffered multiple injuries, including a traumatic brain injury, multiple fractures, and permanent facial disfigurements. Her representatives files a lawsuit against Ted and against the bar owner who served the alcohol, seeking $100,000 in damages.
At trial, the jury found in favor of Roxanne against both defendants. However, the jury also apportioned 40 percent of blame for her injuries to Roxanne, for getting into a car with a drunk driver and failing to wear a seatbelt.
Roxanne’s award was reduced to $60,000 to account for her share of fault.
Massachusetts Car Accident Compensation
The average settlement for a moderate car accident claim in Massachusetts is $77,447, with average payouts ranging from $6,965 for minor injuries to $600,226 for severe injuries.
Injury settlements in Massachusetts can vary widely, depending on the circumstances surrounding the crash, the severity of the victim’s injuries, and if the victim’s injuries exceed the no-fault threshold.
For example, look at these two rear-end accident cases with low and high payouts:
- In Plymouth County, Ami v. Wheaton, PLCV-2006-01343-B, a jury awarded $354 for soft-tissue injuries suffered by an injured bus passenger.
- In Norfolk County, Carroll v. Spatola, 00-887, a $10,000,000 settlement was reached for a high-impact crash that caused a rod to spear the victim’s head. The defendant had been distracted by her cell phone.
Use our free Massachusetts Personal Injury Calculator to estimate the value of a minor claim.
Factors that impact Massachusetts car accident compensation include:
- Injury severity
- Shared negligence
- Available insurance coverage
- Number of vehicles involved
- Number of injured victims
Commercial vehicles, like tractor-trailers, taxicabs, or dump trucks often carry higher levels of liability insurance. Accidents caused by commercial drivers often result in more severe injuries and higher payouts.
Massachusetts State Minimum Insurance Requirements
Vehicle owners in Massachusetts must carry insurance liability limits of at least $20,000 per person/$40,000 per accident for bodily injury, and $5,000 for property damage.
Vehicle owners in Massachusetts are required to carry uninsured motorist coverage (UM) of at least $20,000 per person/$40,000 per accident for bodily injury. Purchase of underinsured motorist coverage (UIM) is optional.
No-Fault Injury Claims and Thresholds
Massachusetts is a mandatory no-fault auto insurance state. Your injury claim starts with the Personal Injury Protection (PIP) coverage under your own auto policy.
PIP covers your medical expenses, 80 percent of your lost income, and replacement services up to $8,000. PIP does not pay for pain and suffering.
You are barred from seeking compensation from the at-fault driver unless your injuries exceed the no-fault tort threshold.
Injuries exceed the no-fault threshold in Massachusetts when they cause:
- Over $2,000 in medical damages
- Loss of a body part
- Permanent and serious disfigurement
- Loss of vision or hearing
- Death
When your injuries exceed the no-fault threshold, you can file a claim or lawsuit against the at-fault driver, the vehicle owner, and the at-fault driver’s employer, if they were on the job when the crash occurred.
For injuries serious enough to exceed the no-fault threshold, you’ll need a personal injury attorney to get fair compensation. You can expect the other driver’s insurance company to fight your claim.
Threshold claims allow you to seek all your compensatory damages, including the full value of your lost wages, replacement services, as well as non-economic damages, such as pain and suffering and loss of consortium.
How Much is Your Injury Claim Worth?
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