Massachusetts car accident statute of limitations and the $2,000 PIP threshold
Ask about the Massachusetts car accident statute of limitations for your crash on a free call.
Massachusetts is a no-fault state, so your own PIP pays up to $8,000 toward medical bills and most lost wages. To sue the other driver for pain and suffering, your medical bills usually must top $2,000, under chapter 231, section 6D. You then have three years from the crash to file.
The deadlines in Massachusetts
| What | Time limit | Law |
|---|---|---|
| Injury lawsuit | Three years | M.G.L. c. 260, § 2A |
| Car or property damage lawsuit | Three years | M.G.L. c. 260, § 2A |
| Shared fault | Barred if your share is over 50 percent | M.G.L. c. 231, § 85 |
| Minimum liability cover | $25,000 / $50,000 / $30,000 | Mass. Division of Insurance |
| No-fault PIP and lawsuit threshold | $8,000 PIP; over $2,000 in medical bills to sue for pain | M.G.L. c. 90, § 34A; c. 231, § 6D |
| Claim against a city, town or state agency | Written claim within 2 years | M.G.L. c. 258, § 4 |
The no-fault gate before a Massachusetts lawsuit
Personal injury protection or PIP, is cover on your own policy that pays no matter who caused the crash. It covers up to $8,000 per person under chapter 90, section 34A.
A pain and suffering claim against the other driver opens only if your reasonable medical bills pass $2,000. A fracture, a lost limb, serious lasting scarring, certain sight or hearing loss or a death also qualifies, under section 6D.
Dates that move the Massachusetts clock
For a hurt child, the three years wait until the child is no longer a minor, under chapter 260, section 7. Claims against a city, town or the Commonwealth work differently. You must present a written claim to the right official within two years, under chapter 258, section 4.
Blame and insurance limits in Massachusetts
Your share of fault cuts your award and it is weighed against all the defendants together. If your share is greater than theirs combined, you get nothing, under chapter 231, section 85.
Policies must include $25,000 per person and $50,000 per crash for injuries to others, plus $30,000 for property, says the Division of Insurance. Uninsured motorist cover at $25,000 and $50,000 is also required.
Calling a Massachusetts car accident lawyer
PIP checks can make a claim feel settled when it is not. An attorney can tell you whether you passed the $2,000 gate and what the full claim is worth. You pay nothing for the call and no fee is owed unless you win.
Other states: New Hampshire, Rhode Island, Connecticut, New York, Vermont or every state on one page.
Massachusetts car accident statute of limitations questions
How long do I have to sue after a car accident in Massachusetts?
Three years from the crash, for injuries and for car damage, under chapter 260, section 2A.
Can I sue for pain and suffering in Massachusetts?
Yes, once your medical bills top $2,000 or you suffer a fracture, permanent scarring or another listed injury.
Does PIP pay if the crash was my fault?
Yes. PIP pays up to $8,000 whoever caused the crash.
What if I was partly to blame?
You can still recover if your share is 50 percent or less. Your award drops by that share.
Before the clock runs out
Massachusetts insurers often settle the PIP side and hope you stop there. Call before you sign a release and a lawyer will check whether a bigger claim and an open deadline remain, free.
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