Car Accident Laws in Massachusetts

Massachusetts car accident laws relate to a variety of aspects, including who and when compensation can be obtained and who pays for damages. The Cashman Law Firm believes you should know about these laws if you drive in the state.

Who Pays for Damages After an Accident?

In Massachusetts, the at-fault driver is responsible for the losses the other party sustained. This means that the person assigned fault for the accident’s liability insurance will cover the costs of your losses up to the amount of coverage the driver has. After that, you can pursue a civil lawsuit for additional compensation if needed.

Do you Have to Report an Accident to the Police in Massachusetts?

Yes, under M.G.L. Chapter 90, Section 26, if you were in a car accident in which property damage of over $1,000 or a death occurred, you must file a report, called a Crash Operator Report, with the city within five days. However, it is nearly always beneficial to file a report to document what occurred in the car accident, especially if the other driver was responsible.

What Happens if the At-Fault Driver Was Uninsured at the Time of a Car Accident?

Under Massachusetts law, you should have uninsured motorist/underinsured motorist coverage. This is a type of liability insurance you purchase to provide coverage for yourself if the other driver does not have any or enough coverage to meet your needs. In the state, you must have $20,000 per person or $40,000 per accident in this coverage in place.

What Can You Get Compensation for After a Car Accident in Massachusetts?

The at-fault party is responsible for your losses. In situations like this, you need to consider all losses associated with your accident, including current and future medical bills, lost time at work, and pain and suffering. You may be owed compensation for numerous other losses. Working with your car accident attorney, you should be able to determine what all of your losses are.

How Long Do You Have to File a Claim After a Car Accident in Massachusetts?

It is typically advisable to file a claim for any accident you have as soon as possible. You should never file it until you are confident you know what all of your losses are. However, the state has a 2-year statute of limitations. This means you have 2 years from the date of the accident to file a claim, or you may not be able to do so.

Can You Claim Pain and Suffering in a Car Accident?

Yes, in some situations, you are able to claim pain and suffering if you can show that it occurred. To be entitled to it, you must have suffered at least $2,000 in necessary medical expenses. There are exceptions to this for serious disfigurement, loss of a bodily member, death, bone fracture, or loss of sight or hearing.

Navigating Massachusetts car accident laws can be challenging. With the help of a car accident attorney, it can be easier to ensure you get the compensation owed.