Massachusetts Accident Law Snapshot

Massachusetts Car Accident Claims

Legal Options After a Car Accident in Massachusetts In Massachusetts, accident victims may file a claim with the at-fault driver's insurance company or pursue a personal injury lawsuit in court. Massachusetts follows modified comparative negligence with a 51% bar under M.G.L. c.231 §85 - damages are not recoverable if the claimant's fault is greater than 50%. A plaintiff found exactly 50% at fault can still recover, with damages reduced by that share. Damages may include medical expenses, lost wages, vehicle repairs, and compensation for pain and suffering. The statute of limitations for personal injury claims in Massachusetts is three years from the date of the accident. Acting quickly is essential to preserve police reports, witness statements, and medical documentation, ensuring a stronger claim.

Quick Facts

Statute: 3 years.
Fault Rule: Modified comparative negligence, 51% bar (M.G.L. c.231 §85 - barred if fault exceeds 50%).
Minimum Coverage: $20,000 per person / $40,000 per accident / $5,000 property damage.

Massachusetts Law

Key Facts for Massachusetts Accident Claims

Statute of Limitations

3 years.

Personal injury claims

Fault System

Modified comparative negligence, 51% bar (M.G.L. c.231 §85 - barred if fault exceeds 50%).

Comparative fault rules

Min. Liability Coverage

$20,000 per person / $40,000 per accident / $5,000 property damage.

State minimums

Uninsured Motorist

Must be offered unless rejected in writing.

Coverage status

Statute of Limitations in Massachusetts

Massachusetts law requires filing personal injury claims within three years of the accident. Filing late usually bars recovery. Timely filing preserves critical evidence, including police reports and witness testimony, and ensures stronger negotiation leverage with insurers. Acting quickly maximizes chances of receiving full compensation for injuries and property damage.

Don't Wait: Evidence can disappear and memories fade. Contact an attorney as soon as possible after your accident.

Massachusetts's Fault System

Massachusetts follows modified comparative negligence with a 51% bar under M.G.L. c.231 §85. Injured parties can recover damages only if their fault does not exceed 50%. A plaintiff found exactly 50% at fault can still recover, with compensation reduced by that share. A plaintiff found 51% or more at fault is barred from recovery entirely. Proper documentation of the accident, including witness statements and police reports, is critical to accurately establish liability and keep fault below the bar.

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Insurance Requirements

Massachusetts drivers must carry minimum liability coverage of 20/40/5. Liability insurance protects others from bodily injury and property damage caused by your negligence. Insurers must offer uninsured motorist coverage unless rejected. UM coverage is important to protect victims financially if the at-fault driver lacks sufficient insurance.

Crash Data for Massachusetts

Massachusetts sees too few large-truck crash deaths a year for a reliable state-level figure, so the national number applies: NHTSA FARS 2024 data puts the share of large-truck crash fatalities outside the truck at 85.3%, showing that passenger vehicle occupants carry most of the risk in these crashes (Cash4Crashes analysis of NHTSA FARS 2024).

Among Massachusetts's 83 pedestrian fatalities in 2024, 55.4% - 46 people - died at locations with no marked crosswalk, reflecting how much pedestrian risk exists away from designated crossing infrastructure (Cash4Crashes analysis of NHTSA FARS 2024).

Related research: Truck crash victims study · Pedestrian crossings study.

Accident Attorneys by City

We have attorneys available throughout Massachusetts. Select your city for localized help:

Boston

Author

Cash4Crashes Editorial Team

Legal Review

Cash4Crashes Legal Review Team

Last Updated

2026-08-04

Sources

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Massachusetts FAQ

Frequently Asked Questions

You generally have three years from the date of the crash to file a personal injury lawsuit in Massachusetts. Miss that window and the court can dismiss the case regardless of how strong the evidence is. The clock typically starts on the accident date, not when treatment ends or when an insurer denies a claim. Because gathering medical records, police reports, and witness statements takes time, most people start well before the deadline. An attorney can confirm how the three-year window applies to your specific situation.

Yes, as long as your fault does not exceed 50%. Massachusetts follows modified comparative negligence with a 51% bar under M.G.L. c.231 §85 - recovery is barred when fault is greater than 50%. A driver found 20% responsible has their award reduced by that share and still recovers 80%; a driver found exactly 50% at fault can still recover with damages reduced by that share. At 51% or more, recovery is barred entirely. Because fault percentages directly determine whether you recover and how much, insurers often push to inflate your share. Police reports, witness statements, and photos from the scene help establish an accurate breakdown of responsibility.

Massachusetts drivers must carry at least $20,000 per person and $40,000 per accident in bodily injury liability, plus $5,000 in property damage coverage. This liability insurance pays for injuries and property damage the at-fault driver causes to others, not their own. Because severe injuries from a collision can easily exceed $20,000 in medical costs alone, minimum coverage often falls short. That gap is one reason uninsured and underinsured motorist coverage matters after a serious crash.

Insurers in Massachusetts must offer uninsured motorist coverage, but a driver can reject it in writing, so it isn't automatically on every policy. This coverage matters because it pays out when the at-fault driver has no insurance at all, filling a gap the state's mandatory liability minimums don't cover. Checking your declarations page confirms whether you carry it. If you were hit by an uninsured driver, your own UM coverage - not theirs - is usually where a claim gets filed.

Get Help from a Massachusetts Attorney

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