Boston Accident Law Snapshot

Boston Car Accident Claims

Legal Options After a Car Accident in Boston In Boston, victims of car accidents can file a claim with the at-fault driver's insurer or pursue a personal injury lawsuit. Massachusetts follows modified comparative negligence with a 51% bar under M.G.L. c.231 §85 - recovery is barred when fault exceeds 50%, but a plaintiff found exactly 50% at fault can still recover. Compensation may cover medical expenses, lost wages, property damage, and pain and suffering. The statute of limitations is three years from the accident date, so acting promptly is essential. Preserving police reports, witness statements, and medical documentation strengthens claims and ensures maximum recovery.

Boston state map

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: 20/40/5.

Key Facts for Boston 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

20/40/5.

State minimums

Uninsured Motorist

Must be offered unless rejected in writing.

Coverage status

Statute of Limitations in Boston

Boston follows Massachusetts' three-year statute of limitations. Filing after this period generally prevents recovery. Timely filing preserves evidence, including police reports, witness testimony, and medical documentation, ensuring stronger claims against insurers or in court.

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

Boston'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 at exactly 50% can still recover; one at 51% or more is barred entirely. Compensation is reduced by the percentage of fault. Accurate documentation and witness statements are essential to prove liability and keep fault below the bar in Boston car accident claims.

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Insurance Requirements

Boston drivers must carry minimum liability insurance of 20/40/5. Liability coverage pays for injuries and property damage caused to others. Insurers must offer uninsured motorist coverage unless rejected. UM coverage protects victims financially in accidents involving uninsured or underinsured drivers.

Frequently Asked Questions

Massachusetts law gives you three years from the date of the accident to file a personal injury lawsuit, and that deadline applies the same way in Boston as anywhere else in the state. Waiting past it typically bars the claim entirely, no matter how clear liability is. Boston's traffic volume means police reports and traffic camera footage can take time to obtain, so starting the documentation process early protects your position well before the three-year mark arrives.

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 - your award is reduced by your percentage of fault, but recovery is barred entirely when fault exceeds 50%. Boston's dense intersections and heavy pedestrian and cyclist traffic often make fault harder to pin down, so insurers may argue for a higher share against you. Witness statements, dashcam footage, and the police report are the main tools for establishing an accurate fault split and keeping your share below the 51% bar.

Boston drivers follow the statewide Massachusetts minimum: $20,000 per person and $40,000 per accident in bodily injury liability, plus $5,000 in property damage coverage. This pays for injuries and damage the at-fault driver causes to others. Given the density of traffic and the higher cost of care in the Boston area, serious injuries can quickly exceed these limits, which is why checking your own uninsured and underinsured motorist coverage matters before you need it.

Insurers must offer uninsured motorist coverage to Massachusetts drivers, including in Boston, but it can be declined in writing, so not every policy includes it. This coverage steps in when the at-fault driver carries no insurance, which matters given how much Boston traffic moves through the metro area daily. Reviewing your policy's declarations page is the fastest way to confirm whether you're covered before relying on it after a crash.

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