# Massachusetts car accident law: deadlines, fault and your claim

> Massachusetts crash claims: the 3-year deadline to sue, the 51% fault bar, $8,000 no-fault PIP, when you can sue for pain and suffering, and crash reports.

Canonical page: https://accidentclaimfacts.com/location/massachusetts/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

In Massachusetts you generally have 3 years from the crash to file a lawsuit for injuries or vehicle damage. Massachusetts is a no-fault state: your own personal injury protection pays the first $8,000 of medical bills and lost wages, whoever caused the crash. You can sue the at-fault driver for pain and suffering only if your medical expenses exceed $2,000 or the injury is serious, such as a fracture. If you share the blame, you recover nothing once your fault is greater than the other side's.

## Key facts

| Fact | Detail |
|---|---|
| Injury lawsuit deadline | 3 years |
| Vehicle damage deadline | 3 years |
| Wrongful death deadline | 3 years, from the date of death (or later discovery by the executor/administrator) |
| Fault rule | Modified comparative: barred above 50% |
| Claim against a public employer | Written claim within 2 years |
| Minimum liability insurance | $25,000 per person, $50,000 per crash, $30,000 property |
| Insurance system | No-fault, with $8,000 of PIP per person |
| Traffic deaths in Massachusetts, 2024 | 363 people |
| Bar referral line | (617) 654-0400 or toll-free (866) 627-7577 |

## Filing deadlines in Massachusetts

Chapter 260 of the General Laws sets a statute of limitations of 3 years for most car-crash lawsuits, counted from the day of the crash.

| Claim | Deadline | Law |
|---|---|---|
| Personal injury | 3 years | Mass. Gen. Laws ch. 260, § 2A |
| Damage to your vehicle or other property | 3 years | Mass. Gen. Laws ch. 260, § 2A |
| Wrongful death | 3 years from the date of death (or later discovery by the executor/administrator) | Mass. Gen. Laws ch. 229, § 2 |
| PIP claim to the insurer | As soon as practicable, and within 2 years | Mass. Gen. Laws ch. 90, § 34M |
| Claim against a city, town or state agency | Written claim within 2 years; lawsuit within 3 years | Mass. Gen. Laws ch. 258, § 4 |

For an injured child, the usual deadline is counted from the day the child turns 18. This pause is a form of tolling.

Claims against government bodies follow the Massachusetts Tort Claims Act. Before you can sue, the law requires a written claim (presentment) to the executive officer of the public employer, or to the Attorney General for a state agency. The employer then has 6 months to deny it in writing; silence counts as a denial. A public employer's liability is capped at $100,000, with no punitive damages or interest before judgment.

> **Warning:** Insurance talks do not pause any of these deadlines. If a claim is still open as the three-year mark approaches, a lawsuit may need to be filed to protect it.

## How fault is shared in Massachusetts

Under chapter 231, section 85, your damages are reduced by your share of the blame, as long as your negligence is not greater than the combined negligence of the people you are suing. This is modified comparative fault with a 51% bar: at 50% you still recover half, but at 51% you recover nothing.

> **Example:** You are rear-ended while changing lanes without signaling. A jury finds the other driver 70% at fault and you 30% at fault. Your proven damages are reduced by 30%. If the jury had put your share at 60%, you would recover nothing.

Because PIP pays regardless of fault, your share of blame matters mainly for claims beyond PIP: pain and suffering, losses above $8,000, and vehicle damage. See how Massachusetts compares in the [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/?state=ma&fault=20#fault).

## Insurance in Massachusetts

Massachusetts drivers must carry liability insurance of at least $25,000 per person and $50,000 per crash for injuries, plus $30,000 for property damage.

| Coverage | Massachusetts rule |
|---|---|
| Personal injury protection | Required: $8,000 per person |
| Uninsured motorist | Required at least at the compulsory bodily injury limits |
| Underinsured motorist | Optional |

PIP pays medical bills and lost wages after a crash, whoever caused it. In return, the at-fault driver is exempt from tort liability for injury losses to the extent PIP benefits are payable. If the driver who hit you has no insurance, your uninsured motorist coverage can pay instead. The Insurance Information Institute estimates that 7.9% of Massachusetts drivers were uninsured in 2023, well below the national 15.4%. The Massachusetts Division of Insurance answers consumer questions at 1-877-563-4467; (617) 521-7794. Our guide to [who pays medical bills](https://accidentclaimfacts.com/money/who-pays-medical-bills/) covers what happens when PIP runs out.

## After a crash in Massachusetts

Massachusetts law requires each driver to file a written report to the Registry of Motor Vehicles, with a copy to the police where the crash happened, after a crash that kills or injures anyone or causes more than $1,000 of damage to any one vehicle or other property. The deadline is 5 days after the crash. The Registry can suspend the license of a driver who does not file.

The police report itself comes from the Registry of Motor Vehicles, online through the myRMV Online Service Center or by mail to RMV Crash Records. The search fee is $20 per report, and the Registry advises waiting at least 4 weeks after the crash before you ask. Drivers, owners, passengers, witnesses and others involved in the crash can request one. Our [police report guide](https://accidentclaimfacts.com/claim-process/police-report/) explains what the report shows and how insurers use it.

## Special rules in Massachusetts: when you can sue

Massachusetts uses a serious injury threshold. Under chapter 231, section 6D, you can recover damages for pain and suffering only if:

1. Your reasonable and necessary medical expenses for the injury are more than $2,000; or
2. The injury involves death, loss of a body member, permanent and serious disfigurement, loss of sight or hearing, or a fracture.

If neither applies, PIP is your main source of payment for injury losses. Claims for vehicle damage are not limited by the threshold, and you can still claim from the at-fault driver's insurer for injury losses that PIP does not cover.

> **Example:** A crash leaves you with a broken wrist. A fracture qualifies on its own, so you can claim pain and suffering against the at-fault driver even if your medical bills are below $2,000.

## Crashes on Massachusetts roads

The Insurance Institute for Highway Safety counted 363 crash deaths in Massachusetts in 2024, or 5.1 per 100,000 people, well below the national 11.5 per 100,000 people. Speeding played a part in 29% of the deaths, and only 8% happened on rural roads. An estimated 26% of the drivers killed had a blood alcohol concentration of 0.08 g/dL or higher.

## Finding a lawyer in Massachusetts

The Massachusetts Bar Association Lawyer Referral Service takes calls at (617) 654-0400 or toll-free (866) 627-7577 and online requests through its [referral page](https://www.massbar.org/public/lawyer-referral-service). A lawyer it refers may charge no more than $25 for the first half-hour consultation. Several county bar associations, including Boston's, run their own services. See our guide to [lawyer referral services](https://accidentclaimfacts.com/choosing-a-lawyer/lawyer-referral-services/).

Before you hire anyone, use "Look Up an Attorney" on the [Board of Bar Overseers](https://www.massbbo.org/) website to check the lawyer's registration and any public discipline.

## FAQ

### What is the statute of limitations for a car accident in Massachusetts?

Generally 3 years from the day of the crash for injuries and vehicle damage, and 3 years from the date of death for wrongful death. Claims against a city, town or state agency also need a written claim within 2 years.

### Is Massachusetts a no-fault state?

Yes. Your own PIP coverage pays up to $8,000 of medical bills and lost wages, whoever caused the crash. You can sue the at-fault driver for pain and suffering only if your injury meets the legal threshold.

### When can I sue for pain and suffering in Massachusetts?

When your reasonable and necessary medical expenses are more than $2,000, or the injury involves death, loss of a body member, permanent and serious disfigurement, loss of sight or hearing, or a fracture.

### Can I recover if I was partly at fault in Massachusetts?

Yes, if your share of the fault is not greater than the combined fault of the people you are suing. Your damages are reduced by your percentage. At 51% or more, you recover nothing from them.

### How do I get a crash report in Massachusetts?

Request it from the Registry of Motor Vehicles through the myRMV Online Service Center, or by mail. The fee is $20, and the Registry suggests waiting at least 4 weeks after the crash.

### How long do I have to file a PIP claim in Massachusetts?

The law says as soon as practicable after the crash, and within 2 years at most. Your policy may set its own notice rules, so it is worth checking.

## Sources

- [Massachusetts Legislature, General Laws c. 260 § 7](https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section7) — deadlines for minors
- [Massachusetts Legislature, General Laws c. 258 § 4](https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIV/Chapter258/Section4) — claims against public employers
- [Massachusetts Legislature, General Laws c. 231 § 6D](https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter231/Section6D) — threshold for pain and suffering
- [Massachusetts Legislature, General Laws c. 90 § 34M](https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section34M) — PIP claims and tort exemption
- [Massachusetts Legislature, General Laws c. 90 § 26](https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section26) — crash reports
- [Massachusetts Registry of Motor Vehicles, Request a crash report](https://www.mass.gov/how-to/request-a-crash-report) — copies, fee and who may ask
- [Massachusetts Court System, Finding a lawyer](https://www.mass.gov/info-details/finding-a-lawyer) — referral services and the Board of Bar Overseers
- [Massachusetts Legislature, General Laws c. 260 § 2A](https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section2A), checked October 29, 2026
- [Massachusetts Legislature, General Laws c. 229 § 2](https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter229/Section2), checked October 29, 2026
- [Massachusetts Legislature, General Laws c. 258 § 2](https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIV/Chapter258/Section2), checked October 29, 2026
- [Massachusetts Legislature, General Laws c. 231 § 85](https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter231/Section85), checked October 29, 2026
- [Insurance Information Institute, Facts + Statistics: Uninsured motorists](https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists), checked October 29, 2026
- [NHTSA, Drunk Driving (risky driving page)](https://www.nhtsa.gov/risky-driving/drunk-driving), checked October 29, 2026
- [Massachusetts General Laws, Chapter 90, Section 34A (motor vehicle liability policy defined)](https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section34A), checked October 28, 2026
- [Massachusetts General Laws, Chapter 175, Section 113L (uninsured motorist coverage)](https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter175/Section113L), checked October 28, 2026
- [Massachusetts Division of Insurance, Organization page](https://www.mass.gov/orgs/division-of-insurance), checked October 28, 2026
- [IIHS, Fatality Facts 2024: State by state](https://www.iihs.org/research-areas/fatality-statistics/detail/state-by-state), checked June 1, 2026
- [Massachusetts Acts of 2024, Chapter 275 (minimum liability limits)](https://malegislature.gov/Laws/SessionLaws/Acts/2024/Chapter275), checked December 23, 2024