Car Accident Laws in Massachusetts: Fault, Insurance & Deadlines

Is Massachusetts a No-Fault or At-Fault State?

Massachusetts is a no-fault state. After a crash, your own auto insurer pays your initial medical bills and some lost wages through your Personal Injury Protection (PIP) coverage — regardless of who caused the accident. You generally cannot sue the other driver for pain and suffering unless your injury is serious enough to clear a specific legal threshold (covered below).

The deadline to sue for a car accident injury in Massachusetts is generally three years from the date of the crash (Massachusetts General Laws Chapter 260, Section 2A). Property damage claims share that same three-year window. Miss it, and a Massachusetts court will almost certainly refuse to hear your case, no matter how strong it is. If a government-owned vehicle was involved, the deadline is effectively much shorter — you must give the government agency written notice within two years, discussed near the end of this guide.

The rest of this guide walks through what "no-fault" actually means for your wallet, how much insurance Massachusetts drivers are required to carry, how shared fault affects a claim, and what to do right after a crash.

1. Massachusetts's Fault System: No-Fault (PIP), Explained

Under Massachusetts's no-fault system, every insured driver's own policy includes Personal Injury Protection (PIP), which pays medical bills, a share of lost wages, and replacement-service costs after a crash — no matter who was at fault. PIP is meant to get bills paid quickly without a fight over liability.

PIP is not unlimited, though, and it doesn't cover pain and suffering. To bring a lawsuit against the at-fault driver for pain and suffering, Massachusetts law (M.G.L. c. 231, § 6D) requires that your reasonable, necessary medical expenses exceed $2,000, or that your injury involves death, loss of a body part, permanent and serious disfigurement, or loss of sight or hearing. A fracture also clears the threshold. If your injury doesn't meet this bar, you're generally limited to your PIP benefits and can't recover for pain and suffering from the other driver.

Property damage to your vehicle is handled separately from PIP — through your own collision coverage (if you have it) or a liability claim against the at-fault driver's property damage coverage.

2. Minimum Auto Insurance Required in Massachusetts

Massachusetts requires every registered vehicle to carry compulsory insurance. According to Mass.gov's "Basics of Auto Insurance" page, the mandatory minimum coverages, effective for policies issued or renewed on or after July 1, 2025, are:

• Bodily Injury to Others: at least $25,000 per person / $50,000 per accident
• Bodily Injury Caused by an Uninsured Auto (uninsured motorist): at least $25,000 per person / $50,000 per accident
• Personal Injury Protection (PIP): $8,000 (covers medical expenses, up to 75% of lost wages, and replacement services)
• Damage to Someone Else's Property: at least $30,000 per accident

These 2025 minimums for bodily-injury and property-damage liability roughly doubled the state's prior limits, which had not changed since the 1980s. PIP is mandatory and built into every policy; underinsured motorist (UIM) coverage is available and strongly worth adding, but confirm current optional-vs-required status and exact limits with the Massachusetts Division of Insurance or your carrier before assuming these figures still apply, since legislatures and regulators periodically revisit minimums.

3. Statute of Limitations After a Massachusetts Car Accident

• Personal injury lawsuits: three years from the date of the crash (M.G.L. c. 260, § 2A).
• Property damage lawsuits: also three years from the date of the crash under the same statute.

Certain circumstances can pause ("toll") this clock — for example, if the at-fault driver later moves out of Massachusetts, or if the injured person was a minor or legally incapacitated at the time of the crash. Filing an insurance claim, even one actively being negotiated, does not stop the three-year countdown — only filing a lawsuit does. Because tolling rules are fact-specific, don't rely on an exception unless you've confirmed it applies to your situation.

4. Shared-Fault Rule: Modified Comparative Negligence (51% Bar)

Massachusetts follows a modified comparative negligence rule with a 51% bar, set out in M.G.L. c. 231, § 85. If you are found less than 51% at fault for the crash, you can still recover damages, but the award is reduced by your percentage of fault. For example, if you're awarded $100,000 but found 20% at fault, you'd recover $80,000. If you are found 51% or more at fault, Massachusetts law bars you from recovering anything from the other driver.

5. Crash Reporting Requirements in Massachusetts

Under M.G.L. c. 90, § 26, a driver involved in a crash that causes death, injury, or property damage exceeding a set dollar amount must file a Motor Vehicle Crash Operator Report (Form CRA-23). Per the Massachusetts Registry of Motor Vehicles, this report is required when the crash causes more than $1,000 in damage to any one person's vehicle or other property (or involves an injury or death), and it must be filed with the Registrar within five days of the crash. Copies typically also need to go to the local police department and your own insurer. Failing to file can lead to suspension of your driver's license by the Registrar. If police already responded to the scene and filed a report, ask the department how that affects your own reporting obligation — requirements can vary by circumstance, so confirm specifics with your local police department or the RMV.

6. Damage Caps and Claims Against a Government Vehicle

If a government-owned vehicle (a city, town, state, or public authority vehicle) was involved in your crash, you're dealing with the Massachusetts Tort Claims Act (M.G.L. c. 258), and the rules are stricter and faster than an ordinary claim:

• Damages cap: Recovery against most public employers is generally capped at $100,000 per claim, regardless of your actual losses, and the government is typically immune from punitive damages and pre-/post-judgment interest.
• Shorter notice deadline: Before you can sue a public employer, you must "present" your claim in writing to the responsible executive officer within two years of the date the crash occurred (M.G.L. c. 258, § 4) — a full year shorter than the standard three-year statute of limitations, and it does not toll the same way.

Because presentment rules are technical and strictly enforced by Massachusetts courts, and because caps/exceptions can vary by the specific public entity involved, confirm the exact presentment procedure and any applicable exceptions with the relevant government agency or the Massachusetts court system without delay if a government vehicle was involved.

What to Do After a Crash in Massachusetts

1. Stop and check for injuries. Massachusetts law requires drivers to stop and remain at the scene; call 911 immediately if anyone is hurt.
2. Call police to the scene, especially if there's injury, death, or damage that looks like it could exceed $1,000 — you'll likely need to file the RMV Crash Operator Report either way.
3. Exchange information with the other driver(s): name, address, license number, insurance company, and policy number.
4. Document the scene with photos of vehicle damage, license plates, road conditions, traffic signs, and any visible injuries.
5. Get witness contact information if anyone saw the crash.
6. Seek medical attention promptly, even if you feel okay — some injuries surface later, and prompt treatment supports both your PIP claim and any later threshold claim.
7. Notify your own insurer to open a PIP claim, and file the Crash Operator Report (Form CRA-23) with the RMV within five days if the damage/injury threshold is met.
8. Keep records of medical bills, missed work, and repair estimates — you'll need these to track whether you clear the $2,000 medical-expense threshold.
9. Note the deadlines: mark the three-year statute of limitations on your calendar, and if a government vehicle was involved, treat the two-year presentment deadline as your real deadline and act well before it.

This article is for general informational purposes only and is not legal advice; consult a licensed Massachusetts attorney or the appropriate state agency about your specific situation.