Car Accident Claims in Massachusetts
Minimum car insurance in Massachusetts, whether the state is no-fault, how fault is shared, and the deadline to sue after a crash.
Short answer: When a crash kills or injures anyone or causes damage over $1,000 to any one vehicle or other property, the operator must, within 5 days, send a copy of the written crash report to the police department for the place where the crash happened (the original goes to the Registry of Motor… M.G.L. c. 90, § 26
| Reporting a crash to police | When a crash kills or injures anyone or causes damage over $1,000 to any one vehicle or other property, the operator must, within 5 days, send a copy of the written crash report to the police department for the place where the crash happened (the original goes to the Registry of Motor Vehicles). Police must accept a report from an owner or operator whose vehicle was damaged by a driver who unlawfully left the scene. Section 26 does not set a separate immediate phone or in-person notice to police. Source: M.G.L. c. 90, § 26 |
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| Crash report to the DMV | The operator of a vehicle in a crash where anyone is killed or injured, or where damage to any one vehicle or other property is more than $1,000, must file a written report with the Registrar of Motor Vehicles within 5 days, on the registrar's approved form, and send a copy to the local police. No report is required while the person is physically unable to make one; if the operator is unable and is not the owner, the owner must report within 5 days. The registrar may demand a supplemental report and may suspend or revoke the license of anyone who violates this section. Source: M.G.L. c. 90, § 26 |
| Leaving the scene (hit and run) | A driver who knowingly collides with or causes injury to another vehicle, property or person must stop and make known their name, residence and vehicle registration number. Leaving after damaging a vehicle or property is punishable by a fine of $20 to $200, 2 weeks to 2 years in jail, or both. Leaving after injuring a person (not resulting in death) is punishable by 6 months to 2 years in jail and a $500 to $1,000 fine. Leaving to avoid prosecution or arrest after a crash that results in a death is punishable by 2.5 to 10 years in state prison (or 1 to 2.5 years in jail) and a $1,000 to $5,000 fine, with at least 1 year served. These provisions apply on public ways and places the public can access as invitees or licensees. |
| Minimum car insurance | Massachusetts is a no-fault state. For policies issued or renewed on or after July 1, 2025, compulsory bodily injury liability coverage must be at least $25,000 per person and $50,000 per accident (previously $20,000/$40,000). Personal injury protection (PIP) must provide at least $8,000 per person regardless of fault, and PIP benefits replace tort damages to that extent. A person may sue for pain and suffering only if medical expenses exceed $2,000 or the injury involves death, loss of a body member, permanent and serious disfigurement, certain loss of sight or hearing, or a fracture. PIP tort exemption: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section34M |
| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the total negligence of the people being sued; damages are reduced in proportion to the injured person's share. The injured person is presumed to have used due care, and the defendant must prove the plaintiff's negligence. Assumption of risk is abolished as a defense in these cases. Source: M.G.L. c. 231, § 85 |
| Deadline to sue for an injury | Three years. Tort actions, and contract actions to recover for personal injuries, must be filed within three years after the cause of action accrues, unless another law provides otherwise. Source: M.G.L. c. 260, § 2A |
| Deadline to sue for property damage | Three years. Property damage claims are tort actions subject to the same three-year limit. Source: M.G.L. c. 260, § 2A |
More Massachusetts personal injury & wrongful death
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- Wrongful Death Lawsuits in Massachusetts
- Medical Malpractice Rules in Massachusetts
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- Sidewalk and Public Property Falls in Massachusetts
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FAQ
When do you have to report a car accident to the police in Massachusetts?
When a crash kills or injures anyone or causes damage over $1,000 to any one vehicle or other property, the operator must, within 5 days, send a copy of the written crash report to the police department for the place where the crash happened (the original goes to the Registry of Motor Vehicles). Police must accept a report from an owner or operator whose vehicle was damaged by a driver who unlawfully left the scene.
Do you have to report a car accident to the DMV in Massachusetts?
The operator of a vehicle in a crash where anyone is killed or injured, or where damage to any one vehicle or other property is more than $1,000, must file a written report with the Registrar of Motor Vehicles within 5 days, on the registrar's approved form, and send a copy to the local police. No report is required while the person is physically unable to make one; if the operator is unable and is not the owner, the owner must report within 5 days. The registrar may demand a supplemental report and may suspend or revoke the license of anyone who violates this section.
What are your duties after a car accident in Massachusetts?
A driver who knowingly collides with or causes injury to another vehicle, property or person must stop and make known their name, residence and vehicle registration number. Leaving after damaging a vehicle or property is punishable by a fine of $20 to $200, 2 weeks to 2 years in jail, or both. Leaving after injuring a person (not resulting in death) is punishable by 6 months to 2 years in jail and a $500 to $1,000 fine. Leaving to avoid prosecution or arrest after a crash that results in a death is punishable by 2.5 to 10 years in state prison (or 1 to 2.5 years in jail) and a $1,000 to $5,000 fine, with at least 1 year served.
What is the minimum car insurance required in Massachusetts?
Massachusetts is a no-fault state. For policies issued or renewed on or after July 1, 2025, compulsory bodily injury liability coverage must be at least $25,000 per person and $50,000 per accident (previously $20,000/$40,000). Personal injury protection (PIP) must provide at least $8,000 per person regardless of fault, and PIP benefits replace tort damages to that extent. A person may sue for pain and suffering only if medical expenses exceed $2,000 or the injury involves death, loss of a body member, permanent and serious disfigurement, certain loss of sight or hearing, or a fracture.
Can you recover damages if you were partly at fault in Massachusetts?
Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the total negligence of the people being sued; damages are reduced in proportion to the injured person's share. The injured person is presumed to have used due care, and the defendant must prove the plaintiff's negligence. Assumption of risk is abolished as a defense in these cases.
What is the statute of limitations for personal injury in Massachusetts?
Three years. Tort actions, and contract actions to recover for personal injuries, must be filed within three years after the cause of action accrues, unless another law provides otherwise.
How long do you have to sue for property damage in Massachusetts?
Three years. Property damage claims are tort actions subject to the same three-year limit.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.