Massachusetts · Car accident rules · Updated Oct 2026
Car accidents in Massachusetts: what to do and who pays
When to report a crash in Massachusetts, how insurance works, who pays when both drivers share the blame, minimum coverage, how to get the police report, deadlines to sue and where to get help, in plain English from official sources.
At the scene and reporting a crash in Massachusetts
Always stop and help anyone who is hurt. Leaving the scene of a crash is a crime in every state.
- When to call the police
- If anyone is hurt or killed, or damage to any one vehicle or property is over $1,000, send a copy of your written crash report to the police department where the crash happened. (Police must also accept a report from you if your car was damaged by a hit-and-run driver.)
- Damage amount
- $1,000
- Report to the state
- Within 5 days, send a written Motor Vehicle Crash Operator Report to the Registrar (RMV) and a copy to the local police.
- Deadline for your report
- 5 days
- Law
- M.G.L. c. 90, § 26
- Official text
- Read the official text
First 24 hours after a crash in Massachusetts
Tick the boxes as you go, or print the list and keep it in your glove box.
Safety first
Call for help
Exchange information
Photos and witnesses
Report the crash
Massachusetts: If anyone is hurt or killed, or damage to any one vehicle or property is over $1,000, send a copy of your written crash report to the police department where the crash happened. (Police must also accept a report from you if your car was damaged by a hit-and-run driver.) Report to the state: Within 5 days, send a written Motor Vehicle Crash Operator Report to the Registrar (RMV) and a copy to the local police.
Insurance and health
General safety and information steps, not legal advice.
Insurance system in Massachusetts
Massachusetts is a no-fault state for injuries: your own personal injury protection (PIP) pays your first medical bills and lost income, whoever caused the crash. You can sue the other driver for injuries only in some cases, described below.
- System
- No-fault
- PIP, benefits and when you can sue
- Every policy must include $8,000 of personal injury protection (PIP) per person. It pays medical bills, up to 75% of lost wages and replacement services, whoever caused the crash (Division of Insurance). You can sue the other driver for pain and suffering only if your reasonable medical expenses are over $2,000, or the injury causes death, loss of a body part, permanent and serious disfigurement, loss of sight or hearing, or a fracture. You still claim damage to your car from the driver who caused the crash (or their insurer).
- Law
- M.G.L. c. 90, §§ 34A, 34M; c. 231, § 6D
- Official text
- Read the official text
Compare every state in the no-fault states table.
Who pays: comparative fault in Massachusetts
- Rule
- Modified (51% bar)
- What it means
- In Massachusetts, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).
- Law
- M.G.L. c. 231, § 85: you can recover if your negligence was not greater than the total negligence of those you sue; your damages are reduced by your share
Compare every state's rule in the comparative negligence table.
Who pays in Massachusetts: fault and payout explainer
If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.
Minimum insurance in Massachusetts
- Liability minimum
- 25/50/30 (policies written or renewed on or after July 1, 2025; previously 20/40/5), plus $8,000 PIP
- Uninsured / underinsured motorist (UM/UIM)
- Required: bodily injury caused by an uninsured auto, at least $25,000 per person / $50,000 per accident. Underinsured motorist coverage is optional.
- Official text
- Read the official text
Numbers like 25/50/25 mean $25,000 for injury to one person, $50,000 for all injuries in one crash and $25,000 for property damage. Compare every state in the minimum insurance table.
Getting the police report in Massachusetts
Request a copy of the police crash report from the RMV online through the myRMV Online Service Center ('Request Crash Report'). There is a $20 non-refundable search fee, and processing takes about 4 weeks. You must be someone involved in the crash, or an authorized recipient. https://www.mass.gov/how-to/request-a-copy-of-a-police-crash-report
You can also ask by mail with our free police report request letter.
Filing a claim and insurer deadlines in Massachusetts
- How fast insurers must act
- M.G.L. c. 176D, § 3(9) makes it an unfair claim settlement practice to fail to acknowledge and act reasonably promptly on claim communications, or to fail to affirm or deny coverage within a reasonable time after proof of loss. It also covers failing to make prompt, fair and equitable settlements when liability is reasonably clear. The statute sets no fixed number of days.
Put your claim in writing. Our free insurance claim letter lists your damages and asks for a written answer.
If the other driver has no insurance in Massachusetts
Your policy must include Bodily Injury Caused by Uninsured Auto, which covers you, household members and passengers if an uninsured or hit-and-run driver injures you. Damage to your car from an uninsured driver is covered only if you have collision or other optional coverage.
Deadlines to sue in Massachusetts
- Property damage (your car)
- 3 years
- Injury
- 3 years
- Notes, including claims against a government
- Before suing a Massachusetts public employer (state, city or town) for negligence, you must first give a written claim to its executive officer within 2 years (for a city or town, for example the mayor, town manager or city/town clerk; for the state, the Attorney General). If it isn't denied in writing within 6 months, it counts as denied. You must still sue within 3 years of the crash (M.G.L. c. 258, § 4).
- Law
- M.G.L. c. 260, § 2A
The deadline is the statute of limitations. Insurance claims and talks with an adjuster don't stop it. Compare every state in the deadlines table.
Deadline to sue in Massachusetts
Every state limits how long you have to file a lawsuit after a car crash. This is the statute of limitations. Choose your state, the type of claim and the date of the crash to see the usual deadline and the last day to file. Nothing you type here is sent anywhere.
Small claims for property damage in Massachusetts
- Small claims limit
- $7,000; no dollar limit for property damage caused by a motor vehicle (confirmed in M.G.L. c. 218, § 21).
Massachusetts small claims guide on Small Claims Map
Small claims court can be a way to recover the cost of repairs from the driver who caused the crash. Read how to use small claims for car damage.
Insurance complaints in Massachusetts
If an insurer delays, underpays or denies a claim without a good reason, you can file a complaint with the state insurance regulator:
Free help in Massachusetts
Good to know in Massachusetts
- Small claims court has no dollar limit for property damage caused by a motor vehicle (M.G.L. c. 218, § 21).
- Minimum limits rose on July 1, 2025, to 25/50 bodily injury and $30,000 property damage (Ch. 275 of the Acts of 2024; Division of Insurance).
- You have only 5 days to send your crash report to the RMV and police (M.G.L. c. 90, § 26).
Changes in 2024–2026
Ch. 275 of the Acts of 2024: for policies written or renewed on or after July 1, 2025, the minimum limits rose to $25,000/$50,000 bodily injury to others, $25,000/$50,000 bodily injury caused by an uninsured auto, and $30,000 property damage. PIP stays at $8,000.
Free letters
Insurance claim letter
Ask the other driver's insurer to pay your damages, in writing.
Police report request letter
Ask the police agency for a copy of the crash report by mail.
Questions about car accidents in Massachusetts
When do you have to report a car accident in Massachusetts?
If anyone is hurt or killed, or damage to any one vehicle or property is over $1,000, send a copy of your written crash report to the police department where the crash happened. (Police must also accept a report from you if your car was damaged by a hit-and-run driver.) Within 5 days, send a written Motor Vehicle Crash Operator Report to the Registrar (RMV) and a copy to the local police.
Is Massachusetts a no-fault state?
Yes. Massachusetts is a no-fault state for injuries: your own personal injury protection (PIP) pays your first medical bills and lost income, whoever caused the crash. You can sue the other driver for injuries only in some cases, described below. Every policy must include $8,000 of personal injury protection (PIP) per person.
Can I get money if I was partly at fault in Massachusetts?
In Massachusetts, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).
What is the minimum car insurance in Massachusetts?
25/50/30 (policies written or renewed on or after July 1, 2025; previously 20/40/5), plus $8,000 PIP Required: bodily injury caused by an uninsured auto, at least $25,000 per person / $50,000 per accident.
How long do you have to sue after a car accident in Massachusetts?
3 years for property damage and 3 years for injury (M.G.L. c. 260, § 2A).
How do I get a police report in Massachusetts?
Request a copy of the police crash report from the RMV online through the myRMV Online Service Center ('Request Crash Report'). There is a $20 non-refundable search fee, and processing takes about 4 weeks. You must be someone involved in the crash, or an authorized recipient. https://www.mass.gov/how-to/request-a-copy-of-a-police-crash-report
What if the other driver has no insurance in Massachusetts?
Your policy must include Bodily Injury Caused by Uninsured Auto, which covers you, household members and passengers if an uninsured or hit-and-run driver injures you. Damage to your car from an uninsured driver is covered only if you have collision or other optional coverage.
Where can I complain about a car insurance company in Massachusetts?
Massachusetts Division of Insurance, Consumer Services: https://www.mass.gov/how-to/filing-an-insurance-complaint · (617) 521-7794
- M.G.L. c. 90, § 26
- M.G.L. c. 90, § 34M
- M.G.L. c. 231, § 6D
- M.G.L. c. 231, § 85
- M.G.L. c. 260, § 2A
- M.G.L. c. 258, § 4
- M.G.L. c. 176D, § 3
- M.G.L. c. 218, § 21
- Mass. DOI: Basics of Auto Insurance
- Mass. DOI Filing Guidance Notice 2025-A: New mandatory coverage limits
- RMV: Request a copy of a police crash report
Last checked: Oct 24, 2026.