What to do after a car accident in Massachusetts
Every rule below is quoted from Massachusetts law or a state agency, with a link. Checked September 17, 2026.
No fault state
The short answer
Massachusetts is a no fault state. Your own personal injury protection coverage pays your medical bills after a crash no matter who caused it, and you can only sue the other driver if your injury is serious enough. A driver in a crash where someone is killed or hurt, or where damage is over one thousand dollars to a vehicle or other property, must send a written report within five days. You have three years from the crash to file a lawsuit for your injuries.
Deadlines in Massachusetts
- 3 years
- to sue for injuriesMass. Gen. Laws c. 260, § 2A
- 3 years
- to sue for car or property damageMass. Gen. Laws c. 260, § 2A
- 3 years
- for a family to sue after a deathMass. Gen. Laws c. 229, § 2
- 2 years
- to notify the government if a public vehicle or road was involvedMass. Gen. Laws c. 258, § 4 (Massachusetts Tort Claims Act)
Miss one of these and you can lose the right to claim, even with a strong case.
At the scene
Stop, share your information and help anyone hurt
A driver who hits another vehicle or property must stop and give their name, address, and license plate number. Leaving without doing that is a crime.
“without stopping and making known his name, residence and the register number of his motor vehicle goes away after knowingly colliding with or otherwise causing injury”
When you must call the police
A driver in a crash where someone is killed or hurt, or where damage is over one thousand dollars to a vehicle or other property, must send a written report within five days.
“involved in an accident in which any person is killed or injured or in which there is damage in excess of one thousand dollars to any one vehicle”
Moving your car out of traffic
In Massachusetts, if a crash in a travel lane only causes property damage, the driver must immediately move the vehicle to the shoulder, breakdown lane, median, or off the road, as long as it can be done safely and the car still runs.
“The operator of any vehicle involved in a crash in a travel lane on a public way resulting only in property damage shall immediately move or cause the vehicle to be moved to a safe area on the shoulder, emergency lane or median, or to a place otherwise removed from the roadway when such moving of a vehicle can be done safely and the vehicle is capable of being operated under its own power, without further damage to property or injury to any person.”
In the days after
Whether you must file a report yourself
The driver must send the same written crash report to the Registry of Motor Vehicles within five days, on the registrar's approved form, and send a copy to the local police department.
“shall, within five days after such accident, report in writing to the registrar on a form approved by him and send a copy thereof to the police department having jurisdiction”
Getting a copy of the crash report
You can request a copy of a Massachusetts police crash report online through the RMV's myRMV Online Service Center. It costs $20 and you should wait at least 4 weeks after the crash before requesting it.
“There is a $20 non-refundable search fee for each report requested. To ensure the report is available, please wait at least 4 weeks after the crash to submit a request.”
Who pays for the damage
Massachusetts is a no fault state. Your own personal injury protection coverage pays your medical bills after a crash no matter who caused it, and you can only sue the other driver if your injury is serious enough.
“is hereby made exempt from tort liability for damages because of bodily injury, sickness, disease or death arising out of the ownership, operation, maintenance or use of such motor vehicle”
Insurance rules in Massachusetts
What insurance every driver must carry
Massachusetts drivers must carry at least twenty five thousand dollars of bodily injury liability coverage per person and fifty thousand dollars per accident. The statute in this source does not state the required property damage liability minimum.
“to the amount or limit of not less than $25,000 on account of injury to or death of any one person”
Personal injury protection (PIP)
Every Massachusetts auto policy must include personal injury protection of at least eight thousand dollars per person to pay medical bills and lost wages after a crash.
“to the amount or limit of at least eight thousand dollars on account of injury to or death of any one person”
When you can sue the other driver
You can only sue another driver for pain and suffering if your reasonable medical bills go over two thousand dollars, or if you suffered death, permanent and serious disfigurement, loss of a body member, certain loss of sight or hearing, or a fracture.
“necessary ambulance, hospital, professional nursing and funeral expenses are determined to be in excess of two thousand dollars”
If the other driver has no insurance
Massachusetts requires every auto policy to include uninsured motorist coverage so you can recover if the other driver has no insurance or fled the scene.
“No policy shall be issued or delivered in the commonwealth with respect to a motor vehicle, trailer or semitrailer registered in this state unless such policy provides coverage”
Medical payments coverage
Massachusetts does not require a separate medical payments coverage. Personal injury protection, which every policy must carry, already pays reasonable medical expenses up to eight thousand dollars regardless of fault.
“to the amount or limit of at least eight thousand dollars on account of injury to or death of any one person”
If an insurance company treats you unfairly
To file a complaint against an insurance company in Massachusetts, use the DOI Online Insurance Complaint Form from the Division of Insurance, after first trying to resolve the issue with the company or producer.
“If you do not receive a satisfactory response, then complete this form and attach copies of any important papers that relate to your complaint.”
The deadline rules, word for word
Deadline to sue for injuries
You have three years from the crash to file a lawsuit for your injuries.
“actions of tort, actions of contract to recover for personal injuries, and actions of replevin, shall be commenced only within three years next after the cause of action accrues”
Deadline to sue for car damage
You have three years from the crash to sue over damage to your vehicle or other property.
“actions of tort, actions of contract to recover for personal injuries, and actions of replevin, shall be commenced only within three years next after the cause of action accrues”
Deadline for a wrongful death claim
A wrongful death lawsuit must be filed within three years of the death.
“An action to recover damages under this section shall be commenced within three years from the date of death”
If a government vehicle or road was involved
If a state or local government vehicle or road was involved, you must present a written claim to that government office within two years of the crash before you can sue.
“presented his claim in writing to the executive officer of such public employer within two years after the date upon which the cause of action arose”
Sources on this page
Each one was opened and checked on September 17, 2026.
- Mass. Gen. Laws c. 90, § 34M
- Mass. Gen. Laws c. 90, § 34A (definition of "personal injury protection")
- Mass. Gen. Laws c. 231, § 6D
- Mass. Gen. Laws c. 231, § 85
- Mass. Gen. Laws c. 260, § 2A
- Mass. Gen. Laws c. 229, § 2
- Mass. Gen. Laws c. 258, § 4 (Massachusetts Tort Claims Act)
- Mass. Gen. Laws c. 90, § 26
- Mass. Gen. Laws c. 175, § 113L
- Mass. Gen. Laws c. 90, § 24(2)(a)
- Mass. Gen. Laws ch. 89, § 7D
- Massachusetts RMV, Request a Copy of a Police Crash Report
- Massachusetts Division of Insurance, DOI Online Insurance Complaint Form
- Mass. Gen. Laws ch. 231, § 60I
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.