Traffic Accident Settlements in Massachusetts

This article examines some key Massachusetts laws relating to traffic accident claims and settlements.  We'll look at Massachusetts's deadlines for filing lawsuits after a car accident, as well as how the state's "modified comparative fault" rule can affect traffic accident settlements and verdicts.  (For everything you ever wanted to know about settlements in traffic accident cases, including how to estimate the value of a claim, see our Car Accident Settlements section.)

Massachusetts Statute of Limitations for Car Accident Lawsuits

 People who suffer personal injuries or property damage due to a car accident have three years from the date of the accident to file a case in court under Massachusetts law. (Title 5, Ch. 260, Secs. 2A and 4).

This law, known as the "statute of limitations," requires personal injury cases to be filed within the three-year "window." If you don't file your case in this time, you may be prevented from bringing it to court, no matter how strong your case is.

The three-year time limit only affects when you can file a lawsuit. It has no bearing on when you can file an insurance claim. Keep in mind, though, that your insurance policy may speak to any deadlines you must meet in filing a claim. And getting your claim started as soon as possible after an accident has a number of benefits. First, the sooner your insurer receives your claim, the sooner it can investigate and get you the compensation you need. Second, if the investigation becomes complicated or settlement negotiations break down, the ability to state that you're ready and able to file a case in court (and that you still have time to do so under the statute of limitations) can be a significant bargaining chip.

(Note: Injury cases involving the government have their own, much shorter time limits when it comes to getting a claim started. So if you think you may have a claim against a government agency or employee for causing or contributing to a car accident, see Accidents Involving the Government: Claim Basics at our companion site, personalinjurylawyer.com).

Massachusetts Comparative Fault Rules

Massachusetts is a "modified" comparative fault state, which can have a significant effect on your traffic accident settlement or verdict if you are found to be partially at fault for an accident. Under "modified" comparative fault rules, you can only recover damages in a crash if you are found to be less than 50 percent at fault for the accident. The amount of damages you receive will be reduced by an amount equal to the percentage of fault you share in causing the crash.

Here's an example: Suppose that you and another driver are in an accident. You take the other driver to court. After hearing your case, the jury decides that the other driver is 90 percent at fault for the accident, and you are 10 percent at fault. Under the modified comparative fault rule, you would receive 90 percent of the total damages.

In a "pure" comparative fault state, this rule applies whether you are found to be 1 percent at fault or 99 percent at fault -- you take home whatever damages are left after your percentage of fault is subtracted.  Since Massachusetts is a "modified" comparative fault state, however, there's a twist. In Massachusetts, you receive no damages at all if you are found to be 50 percent or more at fault for the accident. If you are found to be 49 percent at fault, you may take home 51 percent of the  total damages sum, but if you are found to be 50 percent at fault, you take home nothing.

Massachusetts Car Insurance Laws and Requirements

Massachusetts's mandatory car insurance requirements can also affect your traffic accident claim or settlement.  For more information on these rules, see our companion article, Car Insurance Laws in Massachusetts.