What to do in the first 48 hours
The steps you take right after a collision shape the claim more than almost anything that happens later. If you are reading this soon after a crash, start here.
- Get checked by a doctor even if you feel functional — adrenaline masks soft tissue and head injuries for days, and a gap in treatment is the first thing an insurer points to.
- Report the crash. Massachusetts requires a Motor Vehicle Crash Operator Report within five days for any crash involving injury, death, or more than $1,000 in property damage.
- Photograph everything — vehicle positions, damage, skid marks, the intersection, and your visible injuries.
- Get names and numbers for witnesses before they leave the scene.
- Do not give a recorded statement to the other driver's insurer, and do not accept a quick settlement before you know the full extent of your injuries.
How Massachusetts no-fault insurance really works
Massachusetts drivers carry Personal Injury Protection, or PIP. Under M.G.L. c. 90, § 34M, PIP pays the first $8,000 of medical bills and lost wages regardless of who caused the crash. That coverage is useful, but $8,000 does not go far once an emergency room visit, imaging and physical therapy are counted.
To step outside no-fault and pursue the at-fault driver for pain and suffering, your claim has to clear the tort threshold in M.G.L. c. 231, § 6D. That generally means more than $2,000 in reasonable medical expenses, or an injury involving a fracture, substantial disfigurement, or loss of hearing or sight. Documenting your treatment properly is what gets you over that line.
Being partly at fault does not end your claim
Massachusetts uses modified comparative negligence under M.G.L. c. 231, § 85. You can still recover as long as you are not more than 50% responsible, and your award is reduced by your share of the fault. Insurers know this rule well, which is why they work so hard to assign you a percentage. Pushing back on an inflated fault allocation is often worth more than any other single step in a case.
What a car accident claim can cover
- Emergency care, surgery, imaging, physical therapy and future medical needs
- Lost wages, and reduced earning capacity if you cannot return to the same work
- Pain and suffering, once the tort threshold is met
- Scarring and permanent disfigurement
- Property damage and a rental while your vehicle is repaired
- Loss of consortium for a spouse in serious-injury cases
How long you have to act
The general deadline for a Massachusetts personal injury lawsuit is three years from the date of the crash (M.G.L. c. 260, § 2A). Claims involving a city, town or state agency are far shorter — the Massachusetts Tort Claims Act requires written presentment within two years. Waiting is the single most common way a good claim becomes unrecoverable.
Frequently asked questions
Do I have to use my own insurance if the crash was not my fault?
Yes. In Massachusetts your own PIP coverage pays the first $8,000 of medical bills and lost wages no matter who caused the crash. That is how no-fault works, and using it does not mean you are accepting blame. Once PIP is exhausted and you clear the tort threshold, we pursue the at-fault driver's insurer for the rest.
What if the other driver had no insurance?
Massachusetts requires uninsured motorist coverage on every auto policy, and most drivers also carry underinsured motorist coverage. Those benefits sit on your own policy and are there for exactly this situation. We identify every available layer of coverage before valuing a claim.
How much is my car accident case worth?
Anyone who gives you a number before your treatment is complete is guessing. Value depends on the severity and permanence of your injuries, your total medical expenses, time out of work, the fault split, and the policy limits actually available. We give you a realistic range once we can see the full medical picture.
Should I accept the insurance company's first offer?
Almost never. Early offers usually arrive before anyone knows whether your injuries are permanent, and accepting one closes the claim for good. Once you sign a release you cannot reopen it, even if you need surgery a month later.
How much does a car accident lawyer cost?
We handle injury cases on a contingency fee, so there is no fee unless we recover for you. The consultation is free and confidential, and you are under no obligation after it.
