After a car accident in Massachusetts, you need to stop at the scene, call 911 if anyone is hurt or damage looks significant, exchange information with the other driver, document what happened, get medical care, and file a Motor Vehicle Crash Operator Report with the Registry of Motor Vehicles within five days if there was any injury, death, or more than $1,000 in property damage. Those first steps protect your safety, your license, and any claim you later bring.
At the Scene: Safety First, Then Police
If your car is drivable, pull it onto the shoulder and turn on your hazards. Check yourself and your passengers. Don’t move anyone who looks seriously injured; wait for paramedics.
Call 911 whenever there are injuries, a fatality, or meaningful vehicle or property damage. Even a minor-looking crash is worth a police response. The officer’s report carries weight with insurance adjusters later, and officers routinely note details, like road conditions and witness statements, that you would not think to record on your own.
Do Not Drive Away
Leaving the scene is a serious criminal offense in Massachusetts, and the penalties climb quickly when anyone is hurt. The law requires you to stop and give your name, address, and vehicle registration number after any collision, no matter how small the damage looks. A hit-and-run that causes injury carries a mandatory jail term; one that causes death carries a mandatory minimum of one year in state prison that cannot be suspended, reduced, or paroled.1General Court of Massachusetts. Massachusetts General Laws Part I, Title XIV, Chapter 90, Section 24
What to Collect Before You Leave
Once the scene is safe, get the following from every other driver involved:
- Full name and contact details
- Driver’s license number
- Insurance company and policy number
- Vehicle make, model, year, and license plate
Take names and phone numbers from any witnesses. Use your phone to photograph vehicle damage from several angles, the position of the cars before anyone moves them, skid marks, road and weather conditions, and any relevant signs or signals. Note the exact time, date, and location. Memories fade; photos don’t, and in a disputed claim they often become the most persuasive evidence you have.
A Dashcam Warning Specific to Massachusetts
If you have a dashcam, save the footage right away. Many models overwrite recordings automatically, sometimes within hours. But Massachusetts is a two-party consent state for audio recordings, which means secretly recording a conversation is a crime. If your dashcam captures audio of you talking with the other driver, officers, or witnesses without their knowledge, you could face criminal liability. The safe move is to turn the audio function off, or to tell anyone you speak with that the camera is recording.
File the Crash Report Within Five Days
Massachusetts law requires every driver in a crash involving any injury, a death, or property damage over $1,000 to file a Motor Vehicle Crash Operator Report (Form CR-27) with the Registry of Motor Vehicles within five days, and to send a copy to the local police department where the crash happened.2General Court of Massachusetts. Massachusetts General Laws Part I, Title XIV, Chapter 90, Section 26 This duty applies even when a police officer responded and wrote a report at the scene.
The form is on the RMV website and at local RMV offices. Send a copy to your own insurer as well. If you miss the five-day deadline, the RMV can suspend or revoke your license.2General Court of Massachusetts. Massachusetts General Laws Part I, Title XIV, Chapter 90, Section 26 If your injuries make it impossible to file, the clock pauses until you recover.
See a Doctor, Even If You Feel Okay
Get examined promptly. Adrenaline hides pain, and whiplash, concussions, and internal injuries routinely show no symptoms for hours or days. A quick evaluation catches problems early and creates a documented link between the crash and your injuries.
That link matters later. Insurance adjusters argue that gaps in treatment mean your injuries weren’t serious or weren’t caused by the collision. A record from the day of the crash, or the next day, is much harder to dismiss than one dated two weeks out. Follow the treatment plan your doctor sets, and keep receipts, referrals, and records organized from the start.
Call Your Own Insurer; Be Careful With the Other Side’s
Report the crash to your insurance company promptly. Most policies impose reporting duties, and waiting can give the insurer grounds to limit or deny coverage. You don’t need every detail nailed down before you call. Give the basic facts and let the adjuster walk you through what comes next.
Be straightforward, but don’t speculate about who was at fault or how badly you’re hurt during that first call. Everything you say goes into your claim file. If the other driver’s insurer calls, you are under no obligation to give a recorded statement, and agreeing to one before you know the full extent of your injuries rarely helps you.
How Massachusetts No-Fault Insurance Pays You
Massachusetts is a no-fault state. Your own Personal Injury Protection coverage pays your initial medical bills and part of your lost income regardless of who caused the crash. PIP covers medical expenses, up to 75 percent of lost wages, and necessary replacement services, with a combined cap of $8,000 per person per accident.3Mass.gov. Basics of Auto Insurance The 75 percent wage limit surprises people: if you earned $1,000 a week, PIP pays at most $750, and medical bills and wage replacement share the same $8,000 ceiling.
When You Can Sue the At-Fault Driver
No-fault keeps minor claims out of court, but you can step outside it and sue for pain and suffering when your injuries cross a specific threshold. You qualify if your reasonable medical expenses exceed $2,000, or if your injuries involve death, loss of a body part, permanent and serious disfigurement, certain levels of hearing or vision loss, or a bone fracture.4General Court of Massachusetts. Massachusetts General Laws Part III, Title II, Chapter 231, Section 6D The $2,000 bar is lower than most people assume; an ER visit, imaging, and a few follow-ups can clear it.
How Fault Affects What You Can Recover
Massachusetts uses modified comparative negligence. You can recover damages as long as your share of fault does not exceed the combined fault of everyone you’re suing, and your award is reduced by your percentage. Cross 51 percent and you recover nothing.5General Court of Massachusetts. Massachusetts General Laws Part III, Title II, Chapter 231, Section 85
This is why the evidence you gather at the scene matters so much. The other driver’s insurer has a strong incentive to push your fault percentage up, because moving you from 30 percent to 51 percent wipes out their obligation entirely. Photos, dashcam video, witness contact information, and the police report all help pin down what actually happened.
Deadlines That Can End Your Claim
You generally have three years from the date of the accident to file a personal injury or property damage lawsuit in Massachusetts.6General Court of Massachusetts. Massachusetts General Laws Chapter 260, Section 2A Three years feels like a lot until treatment stretches on and fault disputes drag out. Once the deadline passes, the court will dismiss the case no matter how strong it was.
If your claim is against a Massachusetts government entity, such as a city, town, or state agency, the timeline is shorter and the procedural rules are stricter. You generally must present the claim within two years, and missing that presentment deadline is fatal.