Massachusetts Auto Accident Attorney

How auto accidents cases proceed under Massachusetts law

Massachusetts is a no-fault auto insurance state, which structures every collision case in two stages. The first stage is your own Personal Injury Protection (PIP) coverage under M.G.L. c. 90 sec. 34M, which pays the first $8,000 of medical bills and lost wages regardless of who caused the collision. PIP is mandatory on every Massachusetts auto policy and runs alongside any health insurance you carry. The no-fault structure changes how a Massachusetts attorney approaches the early weeks of a case.

The second stage is the third-party liability claim against the at-fault driver. To bring that claim for pain and suffering, you generally must satisfy the tort threshold under M.G.L. c. 231 sec. 6D. The threshold is met if your reasonable medical bills exceed $2,000, or if you sustained a permanent or substantial disfigurement, fractured bone, substantial loss of hearing or sight, or wrongful death. Most Massachusetts collisions involving real injuries clear the threshold; soft-tissue cases without imaging often do not, which is why early medical documentation matters.

Two additional Massachusetts-specific dynamics shape every auto collision case. The uninsured and underinsured motorist coverage required by M.G.L. c. 175 sec. 113L creates a recovery route when the at-fault driver has no insurance or insufficient limits to cover the loss; the claim runs against the injured party's own policy and is fully separate from the third-party claim. The Massachusetts unfair claim settlement practices statute at c. 176D and the chapter 93A consumer-protection statute create exposure for insurance carriers that fail to investigate promptly, fail to communicate a coverage position within statutory timelines, or fail to offer fair settlement once liability is reasonably clear. A 93A demand letter gives the carrier 30 days to make a reasonable offer, and a carrier that does not can face multiple damages and attorney's fees on top of the injury claim, which is why a demand is worth sending when liability is clear and the offer is low or slow.

Massachusetts statutes and case law

• M.G.L. c. 90 sec. 34M. Personal Injury Protection (PIP) coverage requirement; first-party medical and wage benefits regardless of fault.
• M.G.L. c. 231 sec. 6D. Tort threshold for pain and suffering recovery; $2,000 medical-bill or permanent-injury threshold.
• M.G.L. c. 260 sec. 2A. Three-year statute of limitations for tort claims arising from auto collisions.
• M.G.L. c. 231 sec. 85. Modified comparative negligence; recovery reduced by claimant's fault, barred if claimant is more than 50% at fault.
• M.G.L. c. 175 sec. 113L. Mandatory uninsured/underinsured motorist coverage; recoverable when at-fault driver lacks adequate coverage.
• M.G.L. c. 90 sec. 24. Operating under the influence; the criminal OUI case against an impaired driver runs separately from the injured person's civil claim.

Common case patterns

1. Rear-end collision at a stoplight on a Massachusetts arterial: clear liability on the rear driver, PIP claim opens immediately, third-party demand follows after medical treatment plateaus.
2. Intersection collision where both drivers claim a green light: a comparative-negligence dispute under c. 231 sec. 85, decided by witness statements, dashcam or nearby video, and signal-timing records.
3. Pedestrian struck in a Massachusetts crosswalk: the pedestrian is eligible for PIP from the striking vehicle's policy, and the driver's insurer often argues the pedestrian's own conduct reduces the recovery under c. 231 sec. 85.
4. Hit-and-run with no driver identification: claim proceeds under uninsured motorist (UM) coverage on claimant's own policy under c. 175 sec. 113L.
5. Multi-vehicle pile-up on Route 90, 93, or 95: liability allocation across several at-fault drivers; multiple insurance carriers; PIP exhaustion frequently triggers third-party claims earlier.

Typical timeline

1. Weeks one to six, treatment and PIP: your own PIP carrier pays medical bills and lost wages up to $8,000 under c. 90 sec. 34M, whoever caused the crash. Send it every bill and wage record as treatment happens, and keep every appointment; a gap in treatment is what the at-fault insurer points to later when it values the claim.
2. When treatment ends or your condition stops improving, the demand: a demand letter to the at-fault driver's insurer sets out medical bills, lost wages, pain and suffering, and any permanent injury. If the carrier answers with a low or slow offer, a c. 93A demand gives it 30 days to make a reasonable one.
3. If negotiation fails, suit: it must be filed within three years of the crash under c. 260 sec. 2A, in the Superior Court for claims over $50,000 or the District Court for claims under $50,000. Filing does not end negotiation; a filed case can still settle at any stage.

What can be recovered

• Past medical expenses (the bills paid by PIP, health insurance, and out-of-pocket).
• Future medical expenses (anticipated treatment, surgical needs, physical therapy beyond settlement).
• Past lost wages (income missed from work during treatment, beyond what PIP paid).
• Future lost earning capacity (where injury impairs long-term ability to work at the same income level).
• Pain and suffering (compensation for the experience of injury, recovery, and any permanent effects, where the tort threshold is met).
• Loss of consortium (claim available to spouse for impact on the marital relationship).

Key terms

PIP

Personal Injury Protection, the first-party coverage on every Massachusetts auto policy that pays the first $8,000 of medical bills and lost wages regardless of fault.

Tort threshold

The $2,000 medical-bill (or permanent-injury) test under M.G.L. c. 231 sec. 6D that a claim must clear before pain and suffering can be recovered from the at-fault driver.

Comparative negligence

Massachusetts' rule reducing a recovery by the claimant's own share of fault, and barring it entirely once that share passes 50 percent.

Uninsured/underinsured motorist coverage

Coverage on the injured person's own policy that pays when the at-fault driver has no insurance or not enough to cover the loss.

Demand letter

The written presentation of medical bills, wage loss, and pain and suffering sent to the at-fault driver's insurer once treatment plateaus, opening pre-suit negotiation.

PIP claim vs. third-party claim

More questions

• What is no-fault auto insurance and how does it apply to my case?

  Massachusetts requires every auto policy to include Personal Injury Protection (PIP) under M.G.L. c. 90 sec. 34M. PIP pays your first $8,000 of medical bills and lost wages regardless of who caused the collision. To go beyond PIP and sue the at-fault driver for pain and suffering, you generally must clear the $2,000 medical-bill tort threshold under c. 231 sec. 6D, or have a permanent injury, fracture, disfigurement, or substantial sensory loss.

• How much is an auto accident case worth?

  Case value depends on documented medical bills, the nature and permanency of injuries, lost wages, and the at-fault driver's available insurance limits. Massachusetts requires drivers to carry minimum bodily injury coverage of $25,000 per person for policies issued or renewed on or after July 1, 2025, and the at-fault driver's limit is often the practical ceiling on what the insurer will pay. Your free case review with Jim Glaser Law gives you a realistic value range based on your specific facts.

• Should I give a statement to the at-fault driver's insurance company?

  Generally no, not without counsel. A recorded statement given before you know the full extent of your injuries can be used later to dispute the claim. Massachusetts permits but does not require recorded statements; you have no obligation to give one to the other side's carrier. Telephone Jim Glaser Law before any recorded statement is taken.

• What if I was partly at fault for the collision?

  Massachusetts uses modified comparative negligence under c. 231 sec. 85. If your share of fault is 50% or less, you may still recover, with your award reduced by your percentage of fault. If your share exceeds 50%, you are barred from recovery. The question is whether your share stays at or below that 50 percent line.

• Does Jim Glaser Law handle auto accident cases on contingency?

  Yes. Auto cases accepted by the firm are handled on contingency, which means no attorney fee is owed unless and until the matter resolves with a recovery to the client. Case-related costs and expenses (medical-record requests, expert opinions, court filing fees) are addressed in the written fee agreement. Your case review is free.