Massachusetts · Comparative fault · Updated Oct 2026

Comparative fault in Massachusetts: who pays when both drivers share the blame

How modified comparative fault with a 51% bar works in Massachusetts, the law behind it and how insurers apply it.

Short answer

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).

Rule
Modified (51% bar)
You recover nothing at
51% of the fault 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
Insurance system
No-fault

Insurance and small claims in Massachusetts

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).

Small claims limit for car damage in Massachusetts: $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

How fast an insurer must handle a claim in Massachusetts

  • 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.

If the insurer says you were partly at fault

  1. Get the police report. Request a copy of the police crash report from the RMV online through the myRMV Online Service Center ('Request Crash Report'). Reporting a crash in Massachusetts and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Massachusetts Division of Insurance, Consumer Services.
  4. Sue before the deadline: 3 years for both property damage and injury. Deadlines to sue in Massachusetts, with the calculator

Who pays in Massachusetts: fault and payout explainer

Modified comparative fault (51% bar)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).

Free help in Massachusetts

Questions about comparative fault in Massachusetts

Is Massachusetts a comparative negligence state?

Yes, modified comparative negligence with a 51% bar. 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.

Does fault still matter in Massachusetts's no-fault system?

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. It pays medical bills, up to 75% of lost wages and replacement services, whoever caused the crash (Division of Insurance).

Where can I complain if an insurer blames me unfairly in Massachusetts?

Massachusetts Division of Insurance, Consumer Services: https://www.mass.gov/how-to/filing-an-insurance-complaint · (617) 521-7794

How fast must an insurer handle a car insurance claim in Massachusetts?

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.

How do I get 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

More for Massachusetts drivers

Nearby states

Sources

Last checked: Oct 24, 2026.