Massachusetts Car Accident Resources
Massachusetts Car Accident Law, Lawyers and Attorneys
Car accidents are a fact of life. They happen every day in Massachusetts. The National Highway Traffic Safety Administration reported 404 fatal crashes on Massachusetts roads in 2006. If you’ve been in a car accident and are looking for information about how to assess your rights and responsibilities and where to go for help, you’ve come to the right place. Our car accident articles cover relevant issues such as fault, insurance, claims, personal injury, property damage, government liability, and structured settlements. You will also find rules, laws and other information specific to the state of Massachusetts, and links to Massachusetts auto accident attorneys who can assess the monetary value of your claim and provide advice on your best course of action.
Massachusetts Car Accident Articles:
Massachusetts Car Accident Lawyers:
Find an experienced Massachusetts Car Accident Attorney at AttorneyPages.com
Post your case to a Massachusetts Car Accident Lawyer (it’s free, with no obligations)
Post your auto accident question on the Free Advice Auto Accidents and Vehicle Claims forum
Special Rules for Massachusetts Car Accidents:
Massachusetts Fault: No Fault, meaning your insurance will cover damages you sustain in an accident (for medical bills and lost wages, up to your policy limits), but bars your recovery from another party, unless your medical bills exceed your Personal Injury Protection (PIP). Proportional Comparative Fault is set at 51%. This means that if you are ruled 51% (or more) responsible for the accident, you cannot recover from another party for damages beyond your policy limits.
Massachusetts Car Insurance Requirements/Limits: Bodily Injury & Property Damage Liability. Minimum Bodily Injury liability is $20,000 per person up to a total of $40,000 per accident (if there is more than one person injured). Minimum property damage liability is $5,000. Personal Injury Protection minimum is $8,000.
Massachusetts Small Claims Limits: $2,000, but no limit for property damage that is caused by a motor vehicle
Massachusetts Personal Injury Statute of Limitations: Three years from the date of the injury, or if the injury could not have been discovered right away, from the date you discovered the injury. For hit and run accidents over three years old, within six months of the date you learned of the driver’s identity.
Massachusetts Auto Accidents Involving Government Vehicles: Notice to File Against Government: If you were injured in a car accident caused by a government employee, you may sue the government agency —the city or town, county or state, public agency, school—that employs that person.
For claims against the federal government use form 95 and follow the instructions on page 2.
For claims against the state of Massachusetts, contact the state agency responsible for the accident and follow the procedures laid out by the state agency or the Massachusetts Civil Service Commission.
For claims against a county government employee, contact the county in which you want to file your lawsuit, see Massachusetts Personal Injury Venue below for time limits.
For claims against a city government employee, contact the city in which you want to file your lawsuit, and see Massachusetts Personal Injury Venue below for time limits. Some cities in Massachusetts, such as Somerville, will require a letter called a Claim of Notice in which you describe the details of the accident and your specific claim, while other cities, such as Boston, may have a claim form available online.
In dealing with accidents involving government entities and workers, be aware that there are special notices that must be filed against the appropriate government unit responsible for your injury within a certain time period (30 days to 180 days) and BEFORE filing a lawsuit. These notices of claims are basically administrative hoops the city/state government will make you jump through. Many notices are rejected and a lawsuit may have to be filed anyway, but these notices are required. Any mistakes in filing or filing on time could result in losing your ability to recover for your damages and injuries. Each government entity has its own separate time periods that may differ from your state’s Personal Injury Statute of Limitations for actions against a private party. The rules can be confusing. Check the form you are filling out to find out the time limit for filing your claim. Accidents claims involving the government can be complicated. Consult with an experienced attorney right away to preserve your rights. See also Car Accidents Involving the Government-Owned Vehicles and Government Workers.
Massachusetts Personal Injury Venue (Where to File Lawsuit): There are several options in filing a lawsuit. If you want to file in small claims court, you must do so in a court where either you or the defendant (the person you’re suing) lives or has a place of business or is employed. In Massachusetts, small claims can be filed at the district court, except in Boston, where it is a Municipal Court function. If you want to sue for more than $2,000, you can do so where either you or the defendant (the person you’re suing) lives or has a place of business or is employed or you can file suit in a court located where the accident occurred.. If you are filing a claim against a government agency and are unsure of which agency is responsible, the most prudent course is to file a separate claim against each.