There are important laws that affect your car accident claim in Massachusetts. Here are some most likely to have the most significant impact on your case.

Massachusetts Statute of Limitations

The statute of limitations refers to the time limit for filing a lawsuit. In Massachusetts, that limit is three years from the accident date. So, if someone rear-ended your car on August 1, 2023, you have until August 1, 2026, to file a lawsuit.

Do not confuse the statute of limitations with the deadline for filing an insurance claim. Most companies require you to file a claim within 48 hours to seven days of the accident. The best practice is to file your claim immediately while the details remain fresh in your memory.

If your child sustained injuries in a car crash, they have until three years from their 18th birthday to file their own claim.

Massachusetts Driver Laws

The laws place requirements on all registered drivers in Massachusetts. If you violate any of these statutes, it may affect your claim progress or recovery amount. They include:

• Insurance requirements. Auto insurance is compulsory in Massachusetts. A driver must carry at least $20,000 coverage for bodily injury to others, $40,000 coverage for bodily injury per accident and $5,000 coverage for property damage to other people. Massachusetts also requires uninsured and underinsured motorist coverage of at least $20,000 per person or $40,000 total for all injured individuals.
• No-fault. Massachusetts is a no-fault car insurance state, meaning each party must cover their damages. Personal injury protection (PIP) must be carried by each driver for $8,000 to cover their own medical bills, lost wages and other accident expenses.
• Headlights. All drivers must use headlights in snowy, rainy, icy or foggy weather conditions and when driving through a tunnel. Also, drivers must activate headlights from 30 minutes after sunset to 30 minutes before sunrise.
• Mobile devices. Drivers over 18 can use hands-free devices while driving. They can only use handheld devices if the car is stationary, and that doesn’t include time spent at a red light. Failure to follow this law results in a $100 fine for the first offense, $250 for the second and $500 for the third and subsequent offenses.
• Drivers under 18. Young drivers cannot use any mobile devices while driving, even those with hands-free operation.

Identifying Fault for a Massachusetts Car Crash

Car accident plaintiffs can recover damages if most of the fault lies with the defendant. This standard is called modified comparative negligence. So, if the court determines a plaintiff is 45% at fault for an accident, but the defendant contributed 55% of the fault, the plaintiff can recover damages. But that amount is reduced by 45%—their part of the fault.

However, if a court concludes a plaintiff was 51% at fault, they cannot recover money damages at all. That is because they are more at fault than the defiant, even though it is only for a slight amount.

How Can an Attorney Help You?

Car accident lawyers make these claims easier. Many plaintiffs struggle with the claims process, especially if they face a long recovery or the defendant alleges contributory negligence. It is often reassuring and stress-relieving for a plaintiff to delegate these issues to a lawyer while they focus on feeling better.

When you hire a car accident lawyer in Boston, MA, you can expect assistance with:

• Case management. Your attorney can file the claim and provide all needed documentation, including medical reports, proof of lost wages or records. If the claim fails to settle, they can also file a lawsuit on your behalf.
• Investigation. It is often strenuous to find records, gather police reports or hunt down witnesses to find support for your claim. While injury victims rarely have the will or energy to complete these tasks, a car accident attorney has the skills and time to investigate and find the most robust evidence for your case.
• Accurately assess fault. Contributory negligence encourages defendants to find fault in a plaintiff’s driving. Your attorney’s investigation can reveal facts that clear or reduce your fault in an accident.
• Trial representation. Your case will likely settle, but some car accident cases may go to trial. If it reaches that point, you can rest assured that your lawyer is prepared to create the best case possible to sway a jury in your favor.

Consider hiring an attorney early in your claim. It allows more time to settle your case and find evidence in your favor.