On This Page
- What Should I Do Immediately After a Car Accident?
- When Should I Call the Police After an Accident in Massachusetts?
- What Information Should I Collect at the Accident Scene?
- Do I Need Medical Treatment Even If I Feel Fine?
- How Should I Deal with Insurance Companies?
- What Are My Legal Rights and Deadlines in Massachusetts?
Being involved in a car accident can be overwhelming and traumatic. Knowing the proper steps to take immediately after a crash in Massachusetts can protect your health, preserve your legal rights, and strengthen any future insurance claim or lawsuit. The actions you take in the minutes and days following an accident can significantly impact your ability to recover compensation for your injuries and damages.
Whether you’re involved in a minor fender-bender or a serious collision, following the correct protocol ensures you comply with Massachusetts law while protecting yourself physically, financially, and legally. When you turn to DiBella Law Injury and Accident Lawyers, we’ll guide you through every step of the process and fight for the full compensation you deserve.
What Should I Do Immediately After a Car Accident?
Your first priority after any car accident should be safety. Check yourself and your passengers for injuries, and call 911 immediately if anyone needs medical attention. Even if injuries seem minor, it’s crucial to document them, as some symptoms may not appear until hours or days later, due to adrenaline masking the pain.
If your vehicle is drivable and it’s safe to do so, move it to the shoulder or a nearby parking lot to avoid blocking traffic. Turn on your hazard lights to alert other drivers. However, if there are serious injuries or your vehicle is severely damaged, stay where you are and wait for emergency responders to arrive.
Never leave the accident scene before police arrive or before exchanging information with the other driver. Leaving the scene of an accident in Massachusetts is illegal and can result in criminal charges, especially if there are injuries or significant property damage.
When Should I Call the Police After an Accident in Massachusetts?
Massachusetts law requires you to immediately notify police if an accident results in injury, death, or property damage exceeding $1,000. Given today’s vehicle repair costs, virtually any visible damage will exceed this threshold, making a police report necessary for most accidents.
Having an official police report benefits your case in several ways. The responding officer will document the scene, interview witnesses, and create an objective record of the incident. This report becomes crucial evidence for insurance claims and any potential legal proceedings.
If police don’t respond to the scene, which sometimes happens with minor accidents during busy periods, you must file a crash report with the Registry of Motor Vehicles within five days. Failing to report an accident when required can result in license suspension and complicate your ability to recover compensation.
What Information Should I Collect at the Accident Scene?
Thorough documentation at the accident scene can strengthen your insurance claim or personal injury case. Start by exchanging information with all involved drivers, including:
- Full names and contact information
- Driver’s license numbers
- Insurance company names and policy numbers
- Vehicle registration information
- Vehicle makes, models, years, and license plate numbers
Take extensive photographs from multiple angles showing vehicle damage, skid marks, road conditions, traffic signals, street signs, and weather conditions. Document any visible injuries, though bruising and swelling may develop over the following days.
Witness testimony can be invaluable, particularly in cases involving disputed liability. Get contact information from anyone who saw the accident, including other drivers, pedestrians, or nearby workers. Their independent accounts can corroborate your version of events.
While at the scene, avoid discussing fault or making statements about the accident beyond basic facts. Comments like “I didn’t see you” or “I’m sorry” can be misconstrued as an admission of fault, even if you were simply being polite or expressing concern.
Do I Need Medical Treatment Even If I Feel Fine?
Seeking prompt medical attention serves two critical purposes: protecting your health and documenting your injuries for legal purposes. Many car accident injuries, including whiplash, concussions, and internal bleeding, may not show immediate symptoms but can have serious long-term consequences if left untreated.
Visit an emergency room, urgent care center, or your primary care physician within 24 to 48 hours of the accident. Be thorough in describing all symptoms, regardless of how minor they may seem. This medical documentation creates a crucial link between the accident and your injuries.
Massachusetts Personal Injury Protection (PIP) coverage will pay for your initial medical expenses regardless of fault. Standard PIP coverage provides up to $8,000 for medical bills and lost wages, though this amount may be reduced to $2,000 if you have private health insurance.
Follow all medical advice and attend every scheduled appointment. Insurance companies often argue that gaps in treatment or missed appointments indicate your injuries aren’t serious. Keep detailed records of all medical visits, treatments, medications, and expenses related to your injuries.
How Should I Deal with Insurance Companies?
You’re required to notify your own insurance company about the accident promptly; most policies require notification within a specified number of days. When reporting the accident to your insurer, stick to factual information about when, where, and how the accident occurred.
Exercise extreme caution when dealing with the other driver’s insurance company. Their adjusters may contact you quickly, seeming friendly and concerned, but remember their goal is to minimize their company’s liability. You’re not obligated to provide a recorded statement to the other party’s insurance company.
If the other insurer contacts you, politely decline to discuss the accident details or your injuries beyond confirming basic facts. Don’t accept any settlement offers without understanding the full extent of your injuries and damages. Early settlement offers are often far below the actual value of your claim.
Insurance companies may request access to your medical records or ask you to sign blanket authorizations. Be cautious about what you sign because you don’t want to give them access to unrelated medical history that they might use against you.
What Are My Legal Rights and Deadlines in Massachusetts?
Massachusetts law provides important protections and deadlines for car accident victims. The Commonwealth follows a modified comparative negligence rule, meaning you can recover damages as long as you’re less than 51% at fault for the accident. Your compensation will be reduced by the percentage of fault attributed to you.
The statute of limitations for personal injury claims in Massachusetts is three years from the date of the accident. While this might seem like plenty of time, building a strong case takes time, and evidence can disappear quickly. Acting promptly preserves your options and strengthens your position.
You may be entitled to step outside the no-fault system and pursue additional compensation if your medical expenses exceed $2,000 or you’ve suffered serious injuries such as:
- Broken bones or fractures
- Permanent disfigurement or scarring
- Substantial loss of hearing or sight
- Death
Understanding these thresholds and requirements is crucial for maximizing your compensation. The insurance company won’t volunteer this information or help you understand your full rights under Massachusetts law.
How Can DiBella Law Help After My Car Accident?
Navigating the aftermath of a car accident while recovering from injuries can be overwhelming. Our experienced car accident lawyers understand the tactics insurance companies use to minimize compensation, and we know how to effectively counter them.
We handle every aspect of your case, from investigating the accident and gathering evidence to negotiating with insurance companies and, if necessary, taking your case to trial. Our comprehensive approach includes:
- Conducting thorough accident investigations
- Consulting with accident reconstruction experts
- Documenting all your damages and losses
- Handling all communication with insurance companies
- Fighting for maximum compensation for medical bills, lost wages, and pain and suffering
- Ensuring you meet all legal deadlines
We work on a contingency fee basis, meaning you pay no fees unless we win your case. Our team is available to meet you at your home or medical facility if your injuries prevent you from coming to our office.
If you’ve been injured in a car accident in Massachusetts, contact DiBella Law Injury and Accident Lawyers at (855) 342-3552 for a free consultation. We’ll review your case, explain your options, and fight for the compensation you deserve.