Massachusetts car accident laws

Last checked 1 July 2026

Massachusetts’s rules are stable and haven’t changed recently, which is itself useful to know — there’s no fresh legislative change to track here, just a well-established system.

Massachusetts pioneered no-fault insurance decades ago. The core structure — your own PIP first, a dollar threshold to sue — hasn't changed since.

Massachusetts car accident laws at a glance

Massachusetts car accident rules, what applies and the statute

Rule	What applies in Massachusetts	Statute	Detail
Deadline to file an injury lawsuit	3 years	M.G.L. c. 260, §2A	Read more
Fault rule	Modified comparative negligence, 51% bar	M.G.L. c. 231, §85	Read more
Insurance system and minimums	No-fault PIP, $2,000 tort threshold	See the section	Read more
Wrongful death deadline	Three years from the date of death	See the section	Read more

Last checked 1 July 2026. Each row links to the section that explains it, with the statute.

How long do I have to file a car accident lawsuit in Massachusetts?

Under M.G.L. c. 260, §2A, you generally have three years from the date of the accident to file a personal injury lawsuit. The same three-year period applies to wrongful death and property damage claims.

What if I was partly at fault in Massachusetts?

Under M.G.L. c. 231, §85, you can recover damages if you’re found 50% at fault or less, reduced by your percentage. At 51% or more, you recover nothing.

What car insurance does Massachusetts require?

Massachusetts is a no-fault state — mandatory PIP pays up to $8,000 in medical bills and lost wages regardless of fault. To sue the at-fault driver for pain and suffering, you generally need $2,000 or more in reasonable medical expenses, or a serious injury such as death, fracture, permanent disfigurement, or loss of a body member, sight, or hearing (M.G.L. c. 231, §6D).

How this plays out in a real claim

Take an intersection collision where fault is genuinely disputed. If an insurer or court assigns you 40% of the blame, Massachusetts’s rule still lets you recover 60% of your damages, and even at exactly 50% you still recover half. But at 51% or more, the claim is barred entirely — not reduced, eliminated. That one-point difference between 50% and 51% is exactly why insurers have a real incentive to push a borderline case just over the line rather than simply discount what they pay.

What mistake should I avoid after a crash in Massachusetts?

Because a single percentage point at the 51% threshold can be the entire difference between a reduced payout and nothing at all, careless statements at the scene or to an adjuster carry more weight here than in a pure comparative state. Avoid speculating about fault, even casually, until the full picture — police report, witnesses, any available footage — is in front of you.

What if a government vehicle or agency was involved?

Massachusetts treats a crash with a government-owned vehicle differently from an injury caused by a road defect itself, and it’s worth knowing which applies. For a government vehicle or employee’s negligence, the Massachusetts Tort Claims Act (M.G.L. c. 258) requires presenting your claim to the responsible agency, with damages capped at $100,000 per person; you generally can’t file suit until either the claim is denied or six months have passed. For an injury caused by a defect in the road itself, such as a dangerous pothole, a separate and much stricter rule applies (M.G.L. c. 84 §18): written notice must reach the responsible government entity within just 30 days, even though the underlying 3-year deadline to sue is unchanged.

What is the deadline if the crash caused a death?

Massachusetts gives three years from the date of death for a wrongful death claim (Mass. Gen. Laws ch. 229, §2), filed only by the estate’s personal representative. A 2023 Massachusetts Supreme Judicial Court ruling (Fabiano v. Philip Morris) clarified that a wrongful death claim is derivative of the deceased’s own injury claim — if the underlying personal injury statute of limitations had already expired before death, the wrongful death claim can be barred too, even though it’s nominally still within its own three-year window. Punitive damages are available, with no statutory cap, for malicious, willful, wanton, reckless, or grossly negligent conduct.

How does uninsured motorist coverage work in Massachusetts?

Massachusetts splits UM and UIM in a way most states don’t: uninsured motorist coverage is mandatory, matching your bodily injury liability minimums, but underinsured motorist coverage remains entirely optional. Because UIM only pays the difference between your UIM limit and what the at-fault driver’s insurer already paid, carrying only the state-minimum UIM limit is effectively useless — it typically won’t exceed what a minimum-limits at-fault driver already owes you, so the coverage only becomes meaningful once you buy UIM limits well above the state floor.

Beyond the deadline and the fault rule

The statute of limitations and the fault rule above decide whether you have a claim and how much of it survives — they don’t decide what the claim is actually worth, or whether it’s worth handling yourself. For that, see our guides on what affects a settlement, who pays your medical bills while a claim is pending, and whether Massachusetts law makes a lawyer worth it for your specific situation.

When should I talk to a lawyer in Massachusetts?

If your medical expenses are approaching $2,000, or your injuries are more serious, it’s worth understanding whether you can step outside the no-fault system. A conversation with a qualified lawyer can clarify this quickly.