Injury · Massachusetts
the short answer
You have three years from the day of the crash to file, and no amount of talking to an insurer extends it. Being partly to blame reduces what you collect, and being more than half to blame ends the claim. Your own insurer pays the medical bills first, and there is a threshold to clear before you can sue the other driver for pain and suffering at all.
source ↗Not yet checked against the statute.
governing statute
M.G.L. c. 260, § 2A
source ↗Not yet checked against the statute.
who pays first
Massachusetts is a no-fault state. Your own policy pays the medical bills whoever caused the crash, and you may sue the other driver for pain and suffering only if reasonable medical expenses come to more than $2,000, or the injury causes death, permanent and serious disfigurement, a fractured bone, or substantial loss of hearing or sight. Under that line the claim against them is barred however plainly they were at fault. (M.G.L. c. 231, § 6D)
source ↗Not yet checked against the statute.
Across the country. 9 of the 51 states written up answer this the same way as Massachusetts. Compare every state →
your share of the fault
You recover unless your share of the fault is greater than everyone else's put together. Fifty percent still recovers, fifty-one recovers nothing, and below the bar the award is cut by your percentage. (M.G.L. c. 231, § 85)
source ↗Not yet checked against the statute.
Across the country. 24 of the 51 states written up answer this the same way as Massachusetts. Compare every state →
limit
3 years
source ↗Not yet checked against the statute.
Across the country. 18 of the 51 states written up answer this the same way as Massachusetts. The shortest is 1 year, as in Tennessee; the longest is 6 years, as in Maine. Compare every state →
small claims limit
$7,000
source ↗Not yet checked against the statute.
exceptions: The limit does not apply at all to a claim for property damage caused by a motor vehicle.
source ↗Not yet checked against the statute.
your situation
Everything above is the law as it reaches everyone in Massachusetts. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.
This is legal information, not legal advice. Written by an AI model, which can be wrong. Not a lawyer, and not a prediction about your case. Terms · Privacy
a car accident — state by state →other claims in this state →
sponsors