Car accidents in busy cities across Massachusetts are always stressful, if not overwhelming. You may be dealing with extensive injuries, medical bills, property damage, and aggressive insurers.
At DiBella Law Injury and Accident Lawyers, our compassionate team understands the pain points you are experiencing. We will outline the essential steps to protect yourself and the mistakes to avoid after a crash. To learn more or to get help with your case, contact our experienced legal team today.
- Take fast, documented action to protect your safety and claim: Stop and stay at the scene, call 911 when required, document everything, seek medical care right away, and file required reports.
- Avoid key mistakes that can damage your case: Do not leave the scene, admit fault, delay treatment, speak to the other driver’s insurer, or accept quick settlement offers without legal guidance.
- Use the legal and insurance systems to your advantage: Work with your insurer for no-fault (PIP) benefits first, consult an accident attorney before making major decisions, and understand key deadlines, such as Massachusetts’ statute of limitations and reporting requirements.
The Dos: Steps To Protect Yourself After a Massachusetts Car Accident
Taking immediate action after a collision is key to prioritizing your safety and protecting your right to seek compensation.
Do Stop and Stay at the Scene
Massachusetts law requires drivers to immediately stop and remain at the scene after any crash. Drivers must identify themselves, help if someone is hurt, and contact emergency services when needed. Failing to do any of these can result in criminal charges, even if the driver was not at fault for the crash.
Do Call 911 and Document Everything
In addition to stopping and staying at the scene, Massachusetts law requires drivers to formally report certain crashes to the Registry of Motor Vehicles (RMV) and local police. This includes any accident involving injury, death, or property damage over $1,000.
It is important to document details at the scene, such as photos of the crash, injuries, and road conditions. You should also exchange information with others involved in the accident and collect contact information from any witnesses. Lastly, collect all medical and property damage documentation related to the incident to reflect the total damages you suffered.
Do Seek Medical Attention Immediately
Seeking medical attention is critical even without visible injuries. Some injuries may not immediately show up, including concussions and internal bleeding. A proper medical assessment can ensure you receive the care you need. Additionally, prompt medical documentation can link injuries to the accident and help prevent disputes with insurers.
Do File Your Crash Report Within 5 Days
Unless you are physically unable to do so, a formal report must be filed within five days of an incident involving property damage, injury, or death. This is in accordance with Massachusetts General Laws Chapter 90, Section 26. Drivers must complete the official Motor Vehicle Crash Operator Report form, submit it to the RMV, and send a copy to the local police department where the crash occurred.
Do Contact an Injury Attorney Before Accepting Any Settlement
It’s best to speak with a personal injury attorney before accepting any settlement offer from an insurance company. Insurers often start with a low offer to limit what they have to pay. An experienced lawyer can evaluate the full value of your claim, including medical bills, lost income, and pain and suffering, and negotiate for compensation that reflects the true impact of the crash. If necessary, an attorney can also file a personal injury lawsuit within Massachusetts’ three-year statute of limitations, which generally begins on the date of the accident.
The Don'ts: Mistakes That Can Hurt Your Massachusetts Car Accident Claim
Along with steps that can strengthen your case, there are also actions that can hurt it.
Don't Leave the Scene
Leaving the scene of an accident is not only harmful to your case but also a criminal offense in Massachusetts. Whether or not you were at fault for the incident, penalties for fleeing can be severe, including fines, license suspensions, and even jail time.
Don't Admit Fault or Apologize
It can be tempting to say sorry after getting into a crash, even when you were not the one to cause it. However, admitting to or accepting blame at the scene can be used against you later, especially under Massachusetts’s modified comparative negligence rule. According to this statute, if you are found 51% or more at fault, you cannot recover any compensation. Because of this, accepting blame, even partially, can be used by insurers to deny your claim entirely.
Don't Talk to the Other Driver’s Insurance Company
You are not required to speak with the other driver’s insurance company — and most attorneys strongly advise against it. Massachusetts is a no-fault state, which means your Personal Injury Protection (PIP) coverage typically pays initial medical bills and some lost wages regardless of who caused the crash.
The other driver’s insurance company is not on your side and may try to use your statements to reduce or deny your claim. It is usually best to work with your own insurer first to understand what is covered, and then let your attorney handle negotiations for additional compensation.
Don't Delay Medical Treatment
Delaying medical care can worsen injuries and hurt your claim. As time goes on, evidence may be lost, and it can be more difficult to connect your injuries to the accident. The initial severity of your injuries is also important to document to meet Massachusetts’ injury threshold.
Under Massachusetts law, you can pursue pain and suffering damages only if your injuries meet the state’s legal injury threshold, such as serious injury, permanent disfigurement, or substantial loss of a bodily function. Delaying medical treatment can make it harder to prove you meet this threshold and may give insurers room to argue that your injuries are not serious.
Don't Accept a Quick Settlement
Accepting an early settlement offer is risky and will likely result in a payout that does not fully compensate you. Instead, allow your lawyer to investigate your case, calculate damages, and fight on your behalf for a fair compensation award.
Common Questions About Massachusetts Car Accidents
How Long Do I Have To Report a Car Accident in Massachusetts?
If an auto collision involves injury, death, or more than $1,000 in property damage, you must file a crash report with the RMV within five days.
Can I Still Recover Compensation if I Was Partially at Fault?
In many cases, you can still recover compensation even if you were partially at fault. Massachusetts uses a modified comparative negligence system, meaning you can recover damages if you are less than 51% at fault. However, your compensation will be reduced by your percentage of fault.
What Should I Do if the Other Driver’s Insurance Contacts Me?
You are not required to speak with the other driver’s insurance company, and doing so can even hurt your claim. It is recommended that you notify your own insurance company first and speak with an attorney.
Injured in a Massachusetts Car Accident? We’re Here To Help
The aftermath of an auto collision can range from frustrating to traumatizing. Whether you are navigating a minor fender bender or a serious crash, our legal team is here to help. Get the support you deserve today from our dedicated and skilled attorneys. Call DiBella Law at (855) 342-3552 (855-DiBella) to schedule a free consultation and start building a compelling case.