Massachusetts Car Accident Law

Fault

Massachusetts has adopted the Proportional Comparative Fault at 51% standard of negligence. Proportional Comparative Fault at 51% means that if the injured party is 51% or more at fault in the car accident, he is absolutely barred from recovery for the other driver’s negligence.

MASSACHUSETTS CAR INSURANCE REQUIREMENTS AND LIMITS

Massachusetts Bodily Injury Liability Minimum Coverage

Personal Injury Protection Coverage: $8,000 of minimum coverage.

Bodily Injury to Others: Minimum coverage $20,000 per person, $40,000 per accident.

Property Damage: $5,000 of minimum coverage.

Massachusetts Small Claims Limit: Claims under $7,000 should be filed in Small Claims Court. However, a claim based on property damage arising from a car accident may exceed $7,000 and be brought in Small Claims Court.

Massachusetts Personal Injury Statute of Limitations: The statute of limitations for personal injury claims in Massachusetts is 3 years from the date the injury occurred, or the time the injury was discovered if it could not have been immediately discovered.

Massachusetts Statutes Online: Annotated Laws of Massachusetts, ch. 260, § 1 et seq. (Statute of Limitations for Personal Injury); 90 Annotated Laws of Massachusetts, §34J (Insurance Requirements); Annotated Laws of Massachusetts, Part 1, Title 15, Ch. 93A, Section 9 (consumer complaints), Part 3, Title 1, Ch. 214, Sections 1A, 2; Ch. 218, Sections 21-25 (Small Claims Limits).

MASSACHUSETTS CAR ACCIDENT REPORTS

Massachusetts Police Reports: You can request a copy of a car accident report filed with the Registry of Motor Vehicles by completing a Request for Copy of Crash Report online, and submitting the completed form to the Commonwealth of Massachusetts Registry of Motor Vehicles.

DMV: If the property damage for any driver $1,000, or if anyone involved in the accident was injured or died, Massachusetts requires that you file a Motor Vehicle Crash Operator Report with the Registry of Motor Vehicles within 5 days of the accident.

Insurance Notification: You should promptly notify your auto insurance company of a car accident, and mail a copy of the Motor Vehicle Crash Operator Report to your auto insurance company . Your insurance company may have specific notification requirements, so you should check your insurance policy for these notice requirements.