First 24 Hours After a Massachusetts Car Accident
What to document, what to say, and what to avoid in the first day after a car accident in Massachusetts. Built around M.G.L. c. 90 § 34M (no-fault PIP) and c. 231 § 6D (tort threshold).
- 01
If anyone is hurt, call 911 first.
Get medical evaluation on scene if there is any chance you were injured. "I felt fine at the scene" is the single most common phrase that destroys a Massachusetts auto-injury claim. Soft-tissue injuries (whiplash, low-back strain, concussion) often present 24 to 72 hours later.
- 02
Photograph everything before vehicles move.
Wide shots showing both vehicles and the road, close shots of all damage on both vehicles, photos of every license plate, the other driver's license and insurance card, the scene from the angle each driver was approaching, any debris, skid marks, traffic-control devices, and any visible injuries to you or your passengers.
- 03
Get the police report number, even for minor crashes.
Massachusetts requires a written report (Form CRA) for any crash with injury, death, or property damage exceeding $1,000. Even when the threshold isn't met, get the responding officer's badge number and the incident number. Insurance carriers weight police-attended scenes more heavily.
- 04
Exchange information without admitting fault.
Get the other driver's name, address, phone, license number, plate, insurance carrier, and policy number. Do NOT say "I'm sorry," "I didn't see you," or anything that can be reframed as an admission. Statements at the scene end up in adjuster files.
- 05
Get medical evaluation in the first 14 days.
Your own auto policy's Personal Injury Protection (PIP) coverage pays the first $8,000 of medical bills and 75% of lost wages regardless of fault under M.G.L. c. 90 § 34M. PIP requires you to notify the carrier within 30 days and submit medical-expense documentation. Treatment in the first two weeks substantially improves both medical recovery and the documentary record.
- 06
Notify your own insurance carrier, but say nothing more than the facts.
Massachusetts requires you to report a crash to your carrier promptly. Give the date, time, location, vehicles involved, and that you are seeking medical evaluation. Do NOT give a recorded statement to the at-fault driver's carrier without speaking to a Massachusetts attorney first. Their adjusters are trained to lock you into statements that limit your claim.
- 07
Save every bill, receipt, and medical record.
Build a single folder (digital is fine): police report, medical bills, prescription receipts, mileage to and from appointments, lost-wage documentation from your employer, photos of injuries as they heal. The strength of a Massachusetts auto-injury claim is built on documentation, not memory.
- 08
Watch for the Massachusetts tort threshold.
To recover pain-and-suffering damages from the at-fault driver, your medical expenses generally must exceed $2,000 OR you must have a permanent injury, disfigurement, fracture, substantial loss of hearing, or substantial loss of sight under M.G.L. c. 231 § 6D. Most cases that look small at first cross the threshold once treatment is properly documented.
- 09
Telephone (617) JIM-WINS within the first 24 to 72 hours.
The earlier the firm starts, the stronger the case. Evidence preservation, scene photographs by an investigator if needed, witness contact, and adjuster handling all benefit from early counsel. The first call is offered without charge.
Common questions
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What is the deadline to file a car accident claim in Massachusetts?
Most Massachusetts civil claims of this kind are subject to a three-year limitations period under M.G.L. c. 260 § 2A from the date of injury. Some matters carry shorter deadlines (workers' comp notice, claims against a public entity) or longer ones (medical malpractice repose). Telephone (617) JIM-WINS for the deadline that applies to your specific facts.
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Does Jim Glaser Law charge anything to evaluate my case?
No. The first telephone consultation is offered without charge. Most car accident matters are accepted on contingency: no attorney's fee unless and until a recovery to the client; case-related costs and expenses are addressed in the written fee agreement.
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What if I missed something in the first 24 hours?
The earlier the better, but most Massachusetts claims survive a delayed start as long as the limitations period has not expired. Telephone the firm now; the longer you wait, the harder evidence preservation becomes.
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Should I talk to insurance adjusters before calling counsel?
Tell your own carrier the basic facts (date, time, location, that you are seeking medical evaluation). Do not give a recorded statement to the at-fault party's carrier without speaking to a Massachusetts attorney first. Their adjusters are trained to lock you into statements that limit your claim.
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Is Jimmy Knows A! legal advice?
No. This guide provides general Massachusetts legal information drawn from M.G.L. statutes and case law. It is not legal advice for any particular matter. Telephone Jim Glaser Law at (617) JIM-WINS for advice on your specific situation.
This guide constitutes legal information, not legal advice. Past results do not guarantee future outcomes. Attorney advertising under Mass. R. Prof. C. 7.1 to 7.5. Responsible attorney: Jim Glaser, admitted in MA only, of counsel to Keches Law. Principal office: 77 Pond St., Sharon, MA. Most cases referred to other jurisdictionally licensed lawyers for principal liability.