Car accident injury claims in Massachusetts

Massachusetts at a glance

Fault rule

Modified comparative — 51% bar

You can recover only if you were 50% or less at fault; your award is reduced by your share.

No-fault state?

Yes

Your own PIP coverage pays for injuries first, regardless of who caused the crash.

PIP / no-fault coverage

$8,000 mandatory per person (deductible options $100/$250/$500/$1,000/$2,000/$4,000/$8,000)

Threshold to step outside no-fault

Applies

§ 6D verbal threshold: pain-and-suffering recoverable only if reasonable medical expenses exceed $2,000 OR injury falls into 5 categorical bypasses — death; loss of body member; permanent and serious disfigurement; loss of sight/hearing per c. 152 § 36(a)-(g); fracture (any fracture qualifies)

Minimum liability coverage

25/50/30 + $8K PIP + UM at BI limits (25/50), eff. 7/1/2025 (Chapter 275 of Acts of 2024 § 4); legacy floor was 20/40/5. PD minimum lives in § 34O (raised $5,000 → $30,000); UM-offer mandate in § 113L(2).

Time limit for an injury claim

3 years

Generally measured from the date of the accident.

How fault works in Massachusetts

M.G.L. c. 231 § 85 modified comparative negligence: "contributory negligence shall not bar recovery … if such negligence was not greater than the total amount of negligence attributable to the person … against whom recovery is sought." Mechanic: a plaintiff at exactly 50% fault RECOVERS; a plaintiff at 51%+ is BARRED; damages diminished in proportion to plaintiff's fault. (The .md prose calls this a "50% bar" descriptively, but under the Claimoe type convention — modified_50 = barred at 50%+, modified_51 = barred at 51%+ — MA maps to modified_51 / barAtPct=51, the cluster reassignment confirmed in the Batch 11 audit.) Assumption of risk abolished; defendant bears burden of proving plaintiff's negligence; plaintiff presumed to have exercised due care.

Paying for injuries in Massachusetts

MA is a no-fault PIP state. PIP is mandatory at $8,000 minimum per person (c. 90 § 34A), covering medical/dental/x-ray/hospital/nursing/prosthetic/funeral expenses + lost wages, with a two-year claim window. Deductible options: $100/$250/$500/$1,000/$2,000/$4,000/$8,000. § 34M grants tort immunity to the extent of PIP recovery. The insurer must commence PIP payment within 10 days of physician notification of disability or give written notice of nonpayment; 30-day-unpaid PIP allows suit for payment + costs + attorney's fees under § 34M's own fee-shift (independent of c. 93A). Pain-and-suffering above PIP is gated by the § 6D verbal threshold ($2,000 medical floor or one of five categorical bypasses). MedPay (Part 6) is optional and coordinates with PIP.

Massachusetts injury claims — common questions

Is Massachusetts a no-fault state?

Yes. Massachusetts is a no-fault state, which means your own Personal Injury Protection (PIP) coverage pays for your medical bills and certain losses first, regardless of who caused the crash. You can step outside the no-fault system to pursue the at-fault driver only if your injuries meet a legal threshold.

What is Massachusetts's fault rule for a car accident?

Massachusetts follows modified comparative — 51% bar. You can recover only if you were 50% or less at fault; your award is reduced by your share.

How long do I have to file an injury claim in Massachusetts?

In Massachusetts the statute of limitations for a personal-injury claim is generally 3 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.