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Massachusetts car accident laws
Is Massachusetts a no-fault state? Yes. Massachusetts is a no-fault state: your own personal injury protection (PIP) pays first, with at least $8,000 required, and you can sue the other driver only past the state's threshold.
Massachusetts gives you three years to file a personal injury lawsuit (Mass. Gen. Laws ch. 260, § 2A).
The legal minimum liability coverage in Massachusetts is $25,000 per injured person, $50,000 per crash and $30,000 for property (25/50/30).
If you were partly at fault, your damages are reduced by your percentage of fault, but you recover nothing if your negligence is greater than the total negligence of the people you are suing (more than 50%).
Quoted from Massachusetts statutes and official pages, checked October 2, 2026 · not legal advice
The rules in one table
| Rule | Massachusetts | Source |
|---|---|---|
| Deadline to sue for an injury | Three years next after the cause of action accrues | Mass. Gen. Laws ch. 260, § 2A |
| Deadline for vehicle damage | Three years next after the cause of action accrues (property damage is a tort action) | Mass. Gen. Laws ch. 260, § 2A |
| Deadline for a wrongful death claim | Three years from the date of death, or three years from when the executor or administrator knew or should have known of the factual basis for the claim | Mass. Gen. Laws ch. 229, § 2 |
| Claims against a government body | For injuries caused by a defect in a public way, written notice must be given to the county, city, town or responsible person within 30 days of the injury; other claims against a public employer under the Tort Claims Act must be presented in writing within two years (ch. 258, s. 4). | Mass. Gen. Laws ch. 84, § 18 (defective ways); ch. 258, § 4 (Tort Claims Act) |
| Insurance system | no-fault; PIP required ($8,000). To sue: You can sue the at-fault driver for pain and suffering only if reasonable medical expenses exceed $2,000, or the injury causes death, loss of a body member, permanent and serious disfigurement, loss of sight or hearing (as described in ch. 152, s. 36), or a fracture. | Mass. Gen. Laws ch. 231, § 6D; ch. 90, §§ 34A, 34M |
| If you were partly at fault | modified comparative (51% bar). If you were partly at fault, your damages are reduced by your percentage of fault, but you recover nothing if your negligence is greater than the total negligence of the people you are suing (more than 50%). | Mass. Gen. Laws ch. 231, § 85 |
| Minimum liability coverage | $25,000 per person / $50,000 per crash / $30,000 property | Mass. Gen. Laws ch. 90, § 34A (as amended by Acts 2024, ch. 275); ch. 90, § 34O |
| Dog bites | strict liability. A dog's owner or keeper is liable for any damage the dog does to a person's body or property, unless the person was trespassing, committing another tort, or teasing, tormenting or abusing the dog. | Mass. Gen. Laws ch. 140, § 155 |
Deadlines can be shorter or longer for minors, for injuries found later, and for claims against a government. A lawyer licensed in Massachusetts can tell you the date that applies to you.
Next steps after a Massachusetts crash
How to get a Massachusetts crash report ($20 non-refundable search fee for each report requested).
Check your deadline and a rough claim range
A filing date and a rough value range for Massachusetts. Both take under a minute.
Questions
How long do you have to sue after a car accident in Massachusetts?
Three years for an injury claim (Mass. Gen. Laws ch. 260, § 2A) and three years for vehicle damage. Shorter notice rules can apply to claims against a government.
Is Massachusetts a no-fault state?
Yes. Massachusetts is a no-fault state: your own personal injury protection (PIP) pays first, with at least $8,000 required, and you can sue the other driver only past the state's threshold.
Can I recover if I was partly at fault in Massachusetts?
Massachusetts follows modified comparative (51% bar). If you were partly at fault, your damages are reduced by your percentage of fault, but you recover nothing if your negligence is greater than the total negligence of the people you are suing (more than 50%).
What is the minimum car insurance in Massachusetts?
The legal minimum liability coverage in Massachusetts is $25,000 per injured person, $50,000 per crash and $30,000 for property (25/50/30).
Sources
- Deadline to sue for an injury (Mass. Gen. Laws ch. 260, § 2A): malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section2A
Section 2A. Except as otherwise provided, actions of tort, actions of contract to recover for personal injuries, and actions of replevin, shall be commenced only within three years next after the cause of action accrues.
- Deadline for vehicle damage (Mass. Gen. Laws ch. 260, § 2A): malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section2A
Section 2A. Except as otherwise provided, actions of tort, actions of contract to recover for personal injuries, and actions of replevin, shall be commenced only within three years next after the cause of action accrues.
- Deadline for a wrongful death claim (Mass. Gen. Laws ch. 229, § 2): malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter229/Section2
An action to recover damages under this section shall be commenced within three years from the date of death, or within three years from the date when the deceased's executor or administrator knew, or in the exercise of reasonable diligence, should have known of the factual basis for a cause of action
- Claims against a government body (Mass. Gen. Laws ch. 84, § 18 (defective ways); ch. 258, § 4 (Tort Claims Act)): malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter84/Section18
Section 18. A person so injured shall, within thirty days thereafter, give to the county, city, town or person by law obliged to keep said way in repair, notice of the name and place of residence of the person injured, and the time, place and cause of said injury or damage;
- Insurance system (Mass. Gen. Laws ch. 231, § 6D; ch. 90, §§ 34A, 34M): malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter231/Section6D
a plaintiff may recover damages for pain and suffering, including mental suffering associated with such injury, sickness or disease, only if the reasonable and necessary expenses incurred in treating such injury, sickness or disease for necessary medical, surgical, x-ray and dental services, including prosthetic devices, and necessary ambulance, hospital, professional nursing and funeral expenses are determined to be in excess of two thousand dollars unless such injury, sickness or disease (1) causes death, or (2) consists in whole or in part of loss of a body member, or (3) consists in whole …
- If you were partly at fault (Mass. Gen. Laws ch. 231, § 85): malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter231/Section85
Contributory negligence shall not bar recovery in any action by any person or legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not greater than the total amount of negligence attributable to the person or persons against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage or death recovery is made.
- Minimum liability coverage (Mass. Gen. Laws ch. 90, § 34A (as amended by Acts 2024, ch. 275); ch. 90, § 34O): malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section34A
to the amount or limit of not less than $25,000 on account of injury to or death of any one person, and, subject to such limits as respects injury to or death of one person, of not less than $50,000 on account of any one accident resulting in injury to or death of more than one person
- Dog bites (Mass. Gen. Laws ch. 140, § 155): malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section155
Section 155. If any dog shall do any damage to either the body or property of any person, the owner or keeper, or if the owner or keeper be a minor, the parent or guardian of such minor, shall be liable for such damage, unless such damage shall have been occasioned to the body or property of a person who, at the time such damage was sustained, was committing a trespass or other tort, or was teasing, tormenting or abusing such dog.
Read October 2, 2026. Laws and fees change; the linked page is the authority.