Auto Insurance Claims in Massachusetts: Guide

Massachusetts Car Insurance Claims: Deadlines, Limits & Your Rights

Massachusetts is a no-fault state that follows modified comparative negligence (51% bar), with minimum liability limits of 20/40/5 ($20,000 per person / $40,000 per accident / $5,000 property damage). Massachusetts is a no-fault state with required PIP. Modified comparative negligence (51% bar) applies when tort thresholds are met. Massachusetts is a two-party consent recording state. UM is required. Minimum coverage is 20/40/5.

How fault works in Massachusetts

Massachusetts is a no-fault insurance state, which means your own insurer pays your medical bills and certain losses through Personal Injury Protection (PIP) regardless of who caused the crash, and your right to sue the other driver is limited unless your injuries cross the state's serious-injury threshold.

You can recover as long as you were no more than 50% at fault; cross the 51% line and you recover nothing. Massachusetts uses this more common version of the rule, so an even split of fault still leaves you able to claim.

Filing deadlines (statute of limitations)

Miss the deadline and you permanently lose the right to sue — adjusters know this and may run out the clock, so calendar these dates the week of your crash:

Statutory basis: Three-year statute. MGL Ch. 260 Sec. 2A.

Minimum coverage required in Massachusetts

Every Massachusetts driver must carry at least:

• $20,000 bodily injury liability per person
• $40,000 bodily injury liability per accident
• $5,000 property damage liability
• Uninsured/underinsured motorist coverage is required in Massachusetts
• Personal Injury Protection (PIP) is required in Massachusetts — your own policy pays your medical bills first.

These are legal minimums, not recommendations; they often fall short of the cost of a serious crash.

Know your rights when dealing with adjusters in Massachusetts

Massachusetts is a two-party (all-party) consent state: you must have the adjuster's permission before recording a call. Insurers may record you after a verbal notice, so listen for it and ask for written confirmation of anything important.

Massachusetts gives you both a common-law bad-faith claim and a statutory unfair-claims-practices remedy, which is strong leverage when an insurer drags out or underpays a legitimate claim.

How to file your Massachusetts claim, step by step

1. Make the scene safe and call 911. Get to safety, check for injuries, and report the crash. A police report is one of the strongest pieces of evidence you can have.
2. Document everything. Photograph all vehicles, the road, signage, and visible injuries; collect the other driver's insurance and license details and any witness contacts.
3. Get medical care promptly. See a doctor even if you feel fine — gaps in treatment are the first thing insurers use to argue your injuries aren't serious.
4. Notify your insurer. Report the crash quickly to satisfy your policy's notice rules, but stick to the facts and avoid speculating about fault.
5. File and track the claim. Submit your claim, keep a written log of every call, and don't accept the first offer without checking it against your actual damages.

Where to get help in Massachusetts

If an insurer won't deal fairly, your regulator is Massachusetts Division of Insurance. You can file a complaint at https://www.mass.gov/how-to/file-a-complaint-with-the-division-of-insurance. General information: https://www.mass.gov/orgs/division-of-insurance.

Key takeaways for Massachusetts

• Massachusetts is a no-fault state using modified comparative negligence (51% bar).
• You generally have 3 years to sue for injuries and 3 years for property damage.
• Minimum liability limits are 20/40/5.
• UM/UIM coverage is mandatory. PIP is required.
• Your regulator for complaints is Massachusetts Division of Insurance.

Educational information, not legal advice. Laws change — confirm current rules with Massachusetts Division of Insurance or an attorney licensed in Massachusetts. Last reviewed June 2026 · InsurifyAI Knowledge Hub.