How to File an Auto Accident Claim in Massachusetts

At the Law Office of Michael J. Carroll, we don’t just handle claims, we handle the people behind them with respect, honesty, and the attention they deserve. Call (617) 816-1072 now. From the first consultation to the final resolution, we’ll be your voice, your guide, and your strongest advocate every step of the way.

When you’ve been injured in a car crash, the physical pain, emotional stress, and financial strain can feel overwhelming. Whether the accident happened on I-93 in Boston, Route 6 on Cape Cod, or in a suburban rotary in Waltham, the aftermath of a collision is rarely straightforward. One of the most important steps toward recovery, both physically and financially, is understanding how to file an auto accident claim in Massachusetts.

Massachusetts has specific rules and procedures when it comes to auto insurance claims. This page walks you through the accident claim process in Massachusetts, from the crash's immediate aftermath to negotiating a settlement or filing a lawsuit. With the right legal support and clear steps, you can protect your rights and pursue the compensation you deserve.

Understanding the Massachusetts No-Fault System: Steps to Take After an Accident

Massachusetts is a no-fault state, meaning your own insurance company will pay for your medical expenses and lost wages, regardless of who caused the crash. This system is designed to speed up compensation and reduce unnecessary litigation, but it can also make the process more complex for people who suffer serious injuries.

Every Massachusetts driver is required to carry Personal Injury Protection (PIP) coverage, which provides up to $8,000 in combined medical expenses and lost income. However, if you have private health insurance, your PIP coverage may only pay the first $2,000 in medical bills, with the remainder billed to your health insurer.

If your injuries are severe, such as broken bones, permanent disfigurement, or more than $2,000 in medical bills, you can step outside the no-fault system and file a claim against the at-fault driver.

Step 1: Seek Medical Attention and Call 911

Immediately after the crash, your top priority should be your health. Call 911 and request emergency assistance. Police officers will respond to the scene, file an official report, and document initial observations that may support your claim later. Even if you feel fine, it’s essential to seek medical care from a hospital like Massachusetts General, Baystate Medical, or a local urgent care facility. Many injuries, such as concussions or soft tissue damage, are not immediately visible but can worsen over time.

Prompt medical treatment also establishes an official record of your injuries, which is key when filing your claim.

Step 2: Collect Evidence at the Scene

If it’s safe and you’re physically able, document as much as you can at the scene of the accident. Evidence is crucial in the accident claim process in Massachusetts, especially when liability is disputed.

Here’s a quick checklist of what to gather:

Photographs of the damage, the surrounding area, traffic signs, weather conditions, and any visible injuries
Driver information, including name, contact info, insurance provider, and license plate numbers
Witness statements and contact details, if available
Notes about what happened, including the time of day, location, and any unusual road conditions (e.g., potholes, broken traffic lights, snow or ice)

This evidence will help your Massachusetts auto accident lawyer reconstruct the crash and support your version of events when dealing with insurance companies or in court.

Step 3: Notify Your Insurance Company

As soon as possible after the crash, contact your own insurance company to report the accident. Even though Massachusetts is a no-fault state, you are legally required to report any accident that results in injury or significant property damage. This initial notice lets your insurance company begin processing your PIP claim and evaluating coverage.

Be cautious about what you say. Stick to the basic facts and avoid speculating about who was at fault. If the other party’s insurance company contacts you, do not provide a recorded statement without first consulting an attorney. Insurers are trained to use your words to limit or deny your compensation.

Step 4: File a Massachusetts Motor Vehicle Crash Operator Report

Suppose your accident caused injury, death, or property damage over $1,000. In that case, you must file a Motor Vehicle Crash Operator Report with the Massachusetts Registry of Motor Vehicles within five days of the crash, regardless of whether police responded to the scene.

This form asks for:

Details of the accident (location, vehicles involved, injuries)
Your contact and license information
A written narrative of what happened

A copy must also be sent to the police department in the city or town where the crash occurred. Failing to file this report may result in penalties or complicate your ability to file a claim.

Step 5: Understand What Your Insurance Covers

The standard Massachusetts auto insurance policy includes several types of coverage, some mandatory and others optional. These affect how your claim is processed and what compensation you can pursue.

Mandatory coverage includes:

Personal Injury Protection: Pays for medical costs and lost wages
Bodily Injury to Others: Pays if you are at fault and cause injury to someone else
Uninsured Motorist Coverage: Protects you if the at-fault driver has no insurance
Property Damage Liability: Pays for damage you cause to another vehicle or property

Optional coverage may include collision, comprehensive, and underinsured motorist protection, all of which can impact your ability to recover compensation.

Understanding what your policy covers is essential. A Massachusetts auto accident lawyer can help you review the fine print and pursue all available compensation sources.

Step 6: Determine If You Can File a Claim Against the Other Driver

If your injuries exceed Massachusetts’s no-fault thresholds, you may file a third-party liability claim or a personal injury lawsuit against the at-fault driver. This allows you to seek full compensation for your damages, including pain and suffering, long-term medical costs, emotional distress, and more.

To do this, you must show that:

The other driver was negligent or reckless (e.g., speeding, distracted, drunk)
Their actions directly caused your injuries
Your injuries meet the legal threshold to bypass no-fault limits

This is where experienced legal representation becomes essential. Your lawyer will investigate the crash, gather evidence, and build a case proving fault and demonstrating your losses' true value.

Step 7: Work with an Attorney to Build Your Claim

Knowing how to start a car accident claim is one thing; successfully pursuing it is another. Insurance companies are not eager to pay complete settlements. They often dispute the severity of your injuries, downplay pain and suffering, or argue that you were partially at fault.

A qualified Massachusetts auto accident lawyer will:

Handle all communication with insurers
Obtain and review medical records and billing
Work with medical experts and accident reconstructionists
File demand letters or initiate a personal injury lawsuit, if needed
Negotiate aggressively for a full and fair settlement

If your case goes to court, your attorney will present your case before a judge or jury and fight for the compensation you’re entitled to under Massachusetts law.

Step 8: Know the Statute of Limitations

Massachusetts law sets strict time limits for filing personal injury claims. In most cases, you have three years from the date of the accident to file a lawsuit. If you miss this deadline, your case will likely be dismissed—even if you have strong evidence.

There are some exceptions, such as cases involving minors or claims against government entities, which may have shorter notice periods. To avoid missing your opportunity for compensation, it’s best to speak with a lawyer as soon as possible after the crash.

Step 9: Track Expenses and Follow Medical Advice

Keep detailed records of your accident-related expenses and treatment throughout the claims process. These records will support your claim for both economic and non-economic damages. Save:

Medical bills, prescription costs, and therapy receipts
Pay stubs and documentation of time missed from work
Notes from your doctors and therapists
A journal of your symptoms, emotional state, and daily limitations

Also, be sure to follow all medical advice and attend all scheduled appointments. Insurers may use gaps in treatment or ignore recommendations to argue that your injuries are not serious.

Step 10: Prepare for Settlement or Litigation

Once your lawyer has assembled your medical records, financial documents, and evidence of fault, they will send a demand package to the insurance company. This letter outlines:

The facts of the case
The full scope of your injuries and expenses
A specific settlement amount

Most claims are resolved through negotiation. However, if the insurer fails to make a fair offer, your lawyer may advise filing a lawsuit and proceeding to court. In either case, your legal team will ensure you're fully prepared for the next step.

Ready to File an Auto Accident Claim in Massachusetts? We’re Here to Help.

Filing an auto accident claim in Massachusetts doesn’t have to be confusing or stressful, especially when you have the right legal team guiding you through each step. From understanding your PIP coverage to filing a lawsuit for serious injuries, a trusted attorney can help you navigate the entire accident claim process in Massachusetts and protect your future.

At the Law Office of Michael J. Carroll, our Massachusetts car accident lawyers bring personalized, compassionate legal support to car accident victims across the state. Attorney Carroll’s background in the U.S. Coast Guard and his early work with at-risk youth reflect his lifelong commitment to helping others in difficult situations. With a focus on results and client-centered service, we’re ready to stand by your side from start to finish.

Call (617) 816-1072 today for a free consultation. Let us help you understand how to start a car accident claim, fight for your rights, and pursue the full compensation you deserve.