How To File A Car Accident Claim In Massachusetts (2026)

Immediate Steps After a Massachusetts Car Accident

Right after the crash, contact emergency services and have paramedics assess you. Report the accident to the police so that you can obtain a report and start gathering evidence from the scene. Let your insurer know that you were in a crash, and reach out to a lawyer.

Massachusetts Auto Insurance Laws and No-Fault Rules

Massachusetts is a no-fault state for car accidents. That means you generally have to file a claim against your own personal injury protection insurance first after an accident. If your losses surpass your coverage, you may then be able to pursue a fault-based claim against the other party.

Massachusetts Compulsory Insurance Coverage Explained

Like most states, Massachusetts requires all vehicle owners to carry auto insurance to register their vehicles. The policy must also include both no-fault and liability coverage, since Massachusetts is a no-fault state.

No-fault coverage pays benefits to a person covered by the policy regardless of fault. That means you typically don’t need to worry about what happens after a car accident that is your fault. This coverage helps ensure all drivers involved in a crash, including the one who caused it, receive basic benefits.

Liability insurance, on the other hand, compensates people injured in a crash negligently caused by the insured driver. In other words, the insured driver cannot claim liability benefits. Instead, these benefits are only available to third parties who suffered injuries or property damage due to the insured driver’s negligence.

Massachusetts law requires these minimum amounts of insurance coverage:

• Bodily injury liability (BIL) of at least $25,000 per person and up to $50,000 per crash
• Property damage liability (PDL) of at least $30,000 per accident
• Personal injury protection (PIP) of $8,000
• Uninsured motorist (UIM) protection at least equal to the BIL minimums

PIP coverage provides no-fault benefits to any driver of the insured vehicle, including anyone who borrows it with the owner’s permission. Passengers in the car are also covered, as are pedestrians struck by the insured vehicle. It even covers household members when they ride in someone else’s vehicle.

PIP benefits pay up to $8,000 in benefits. While this coverage addresses 100% of the claimant’s medical expenses, it only covers 75% of their lost wages and replacement services.

The tradeoff for these guaranteed benefits is that accident victims in Massachusetts lose the right to pursue third-party claims unless they meet either of the following criteria:

• They incur at least $2,000 in medical expenses.
• They suffer a fatal injury, permanent disfigurement, loss of a body member, loss of sight or hearing or a fracture.

Anyone who meets one of these requirements can pursue an insurance claim or car accident lawsuit against the at-fault driver for unreimbursed losses and pain and suffering.

Required Documentation for a Massachusetts Car Accident Claim

A key aspect of how to file a car accident claim in Massachusetts is to have the right paperwork. This includes the police report, your medical records, proof of income loss and all evidence that shows how the accident occurred.

How to File a Massachusetts Car Insurance Claim

Report the collision to your insurer. Give them the information you gathered from the accident, and wait for them to assign an adjuster. They will assess the vehicle and make an offer.

Your attorney can negotiate for fair compensation. If your insurance doesn’t cover everything, you can file a claim against the other party.

Deadlines and Legal Time Limits in Massachusetts

You have three years to file a claim in Massachusetts after a car accident.

Dealing With Insurance Adjusters and Settlement Decisions

Negotiations with insurance adjusters require experience. It’s always in your best interests not to speak with an adjuster but instead to rely on a lawyer.

What to Do if Your Claim Is Denied or Delayed

Insurance companies can deny both PIP and liability claims, although the reasons will differ. When your claim is denied, consider taking these steps:

• Request a written explanation if the adjuster has not provided one.
• Gather evidence to refute the grounds for denial.
• Draft a formal response, often called an internal appeal or request for reconsideration.

In some cases, the evidence and legal arguments in your response will overcome the denial. If they do not, you will need to escalate your case. PIP claims filed under your policy likely require mediation. However, you can usually file a lawsuit in Massachusetts Superior Court against the at-fault driver when a third-party liability claim is denied.

A lawyer can handle this process on your behalf and advocate for your interests along the way.

Damages You Can Claim in Massachusetts

Through no-fault laws, you can receive coverage for medical expenses, lost wages and funerary services if your loved one passed in the crash. If you file against the other party’s insurance, you can also receive non-economic damages to address pain and suffering.

When to Consider Filing a Lawsuit

When you can’t obtain the settlement you need to cover all of your losses and your injuries are serious enough to allow you to step outside of no-fault laws, you should file a lawsuit.

When to Hire a Massachusetts Car Accident Lawyer

One of the most crucial steps in how to file a car accident claim in Massachusetts is to hire an attorney promptly. The more complex the case is, the more important it is to have representation.

At ConsumerShield, we can connect you with experienced lawyers in your area. Contact us to get started.