Massachusetts Car Accident Laws: What Every Driver Should Know

Nobody wants to think about getting into an accident. In fact, as a car accident attorney Massachusetts drivers trust, we know firsthand how confused and disoriented you may feel after getting into a car accident. There’s no way to completely prevent a car accident, especially if the other driver was driving recklessly. However, you CAN prepare yourself through informing yourself on Massachusetts car accidents laws so that you can make informed decisions if (or when) the time comes. 

What To Know About Massachusetts Accident Reporting Requirements

The requirements for reporting motor vehicle accidents in Massachusetts are outlined in M.G.L. Chapter 90, Section 26:

• Motorists must report an accident to the Registry of Motor Vehicles within 5 days
• An accident report may be submitted by the vehicle owner if the operator is incapacitated
• Reports are mandatory for any accident resulting in death, injury, or over $1,000 in property damage
• A copy of the Motor Vehicle Crash Operator report needs to be given to the local law enforcement
• Failing to report an accident comes with penalties
• Law enforcement is required to accept crash reports related to hit-and-run accidents, even if the damage totals less than $1,000

How Fault Is Determined In Massachusetts Car Accidents

Massachusetts is a no-fault state, meaning that lost wages and initial medical bills are covered by your own insurance regardless of who is at fault. In certain situations, however, you may be able to file a civil lawsuit. In such a case, courts and insurance companies assign each driver a percentage of fault after evaluating evidence such as photos, accident reports, state laws, and witness statements. 

Massachusetts follows modified comparative negligence in civil lawsuits. In order to receive damages for pain and suffering, you must prove that you were less than 51% responsible for the accident. 

How Insurance Coverage Works In A MA Car Accident

As Massachusetts is a no-fault state, multiple layers of coverage may be involved. Here are the different types of coverage that may be involved:

1. Personal Injury Protection (PIP)

PIP is the first type of insurance that is supposed to cover medical bills and lost wages, no matter who is liable. PIP insurance in Massachusetts pays up to $8,000 in total benefits, including $2,000 for initial medical bills up the threshold for severe injury, after which PIP may still be used for co-pays and out-of-pocket expenses.

2. Other Coverage

Below are four types of mandatory auto insurance in MA, along with optional coverage:

• PIP
• Bodily Injury to Others
• Property Damage liability
• Bodily Injury Caused by Uninsured Auto
• Optional collision coverage

Key Massachusetts Car Accident Facts To Know

• You have 5 days to submit an official accident report if there is property damage or injuries involved
• Liability in Massachusetts is determined by specific standards of fault
• Having a car accident attorney Massachusetts residents trust on your side is your best bet when dealing with insurance companies
• You may not be able to collect compensation from the other drive if you’re more than 50% at fault for the accident

A Car Accident Attorney Massachusetts Residents Trust Can Help

If you were involved in a car accident, having an experienced car accident attorney on your side can help you get the full compensation you are owed for your injuries. Tapalian Law is a top car accident firm representing victims in Rhode Island and Massachusetts. Call Tapalian Law for a free initial consultation today.