What to Do After a Car Accident in Massachusetts: Step-by-Step Guide
What to Do After a Car Accident in Massachusetts: Step-by-Step Guide
By Christopher Murphy, Esq., Managing Partner at Scalli Murphy Law | Updated February 2026
The actions you take in the hours and days after a car accident can significantly affect your ability to recover compensation. In more than 25 years of representing accident victims across Massachusetts, I have seen cases strengthened or weakened based on what the injured person did, or did not do, immediately after the collision. This guide covers the critical steps, in order, to protect your health, your legal rights, and your claim.
Step 1: Check for Injuries and Move to Safety
Your immediate priority is safety. Check yourself and your passengers for injuries. If anyone is hurt, call 911 immediately. Do not attempt to move anyone who may have a spinal injury unless there is an immediate danger such as fire.
If the vehicles are driveable and the collision is minor, Massachusetts law (M.G.L. c. 89, Section 7A) requires you to move them out of the travel lanes if it is safe to do so. Turn on your hazard lights and, if available, set up reflective triangles or flares to alert other drivers.
Even if you feel fine at the scene, be aware that many injuries, including concussions, whiplash, and soft tissue injuries, have delayed symptoms that may not appear for hours or days.
Step 2: Call the Police
Massachusetts law requires you to report any motor vehicle collision that results in personal injury or property damage exceeding $1,000 (M.G.L. c. 90, Section 26). Given that even minor collisions routinely cause more than $1,000 in vehicle damage, you should call the police after virtually every accident.
The responding officer will create a police report documenting the scene, the vehicles involved, statements from the drivers and witnesses, road and weather conditions, and the officer’s observations about fault. This report becomes critical evidence in your insurance claim and any potential lawsuit.
If the police do not respond to the scene, you can file a report at the local police station or, for accidents on state highways, with the Massachusetts State Police.
Important: When speaking with the officer, describe what happened factually. Do not speculate about fault or apologize. Statements like “I’m sorry” or “I didn’t see them” can be used against you later.
In the event that the other vehicle flees the scene, it is important that you make a report to the police immediately to ensure that your loss is covered.
Step 3: Exchange Information
Collect the following from every driver involved:
- Full name, address, and phone number
- Driver’s license number and state
- Insurance company name and policy number
- Vehicle make, model, year, color, and license plate number
If there are passengers in any vehicle, get their names and contact information as well. They may be witnesses.
Step 4: Document the Scene
Use your phone to photograph and document everything while you are still at the scene:
- Vehicle damage from multiple angles, including close-ups and wide shots showing both vehicles
- The accident scene, including the intersection or road, traffic signals, stop signs, and lane markings
- Skid marks, debris, and road conditions
- Weather and lighting conditions
- Your injuries, including bruises, cuts, swelling, and any visible marks
- The other driver’s license plate and insurance card
Remember, when taking photographs of the damage to the vehicle, make sure to take photos of the whole vehicle and not just close ups of body damage.
If there are witnesses who are not involved in the collision, ask for their names and phone numbers. Witness testimony can be decisive in disputed liability cases.
Step 5: Seek Medical Attention Immediately
This is the single most important step for both your health and your claim. See a doctor the same day as the collision, even if you feel fine. There are two reasons for this.
First, injuries like traumatic brain injuries, internal bleeding, and herniated discs can have delayed symptoms. A medical evaluation ensures these conditions are diagnosed and treated early, when treatment is most effective.
Second, insurance companies routinely use gaps in medical treatment to argue that your injuries were not caused by the collision or are not serious. If you wait a week to see a doctor, the adjuster will argue that you must not have been hurt badly. Seeking treatment immediately creates a medical record linking your injuries directly to the collision.
If your injuries are serious, go to the emergency room. For less severe symptoms, see your primary care physician or an urgent care facility within 24 hours. Follow up with specialists as recommended.
If you do not seek immediate emergency treatment, it is not uncommon for symptoms to arise in the days following a crash. Do not hesitate to seek medical attention even if it is days later.
Step 6: Notify Your Insurance Company
Massachusetts is a no-fault state, which means your own auto insurance pays the first $8,000 of your medical expenses and 75% of your lost wages through Personal Injury Protection (PIP), regardless of who caused the collision.
You must notify your own insurance company promptly to access your PIP benefits. When you call, stick to the basic facts: the date, time, and location of the collision, and that you were involved. Do not provide a detailed statement or speculate about fault.
Important distinction: You are required to cooperate with your own insurance company. You are not required to speak with or give a statement to the other driver’s insurance company. If the at-fault driver’s insurer contacts you, you can politely decline to speak with them and direct them to your attorney.
Step 7: Do Not Give a Recorded Statement
The at-fault driver’s insurance company will likely contact you and ask for a recorded statement. They may tell you it is routine or required to process the claim. It is neither. You have no legal obligation to provide one.
Insurance adjusters use recorded statements to get you to minimize your injuries, admit partial fault, or make statements that can be used against you later. The safest approach is to decline the recorded statement and consult with an attorney first.
Step 8: Keep Detailed Records
From the day of the collision forward, keep organized records of everything related to your injuries and expenses:
- Medical records and bills from every provider, including the ER, primary care, specialists, physical therapy, and prescriptions
- Lost wages documentation, including pay stubs, a letter from your employer, and any documentation of missed work
- Out-of-pocket expenses such as transportation to medical appointments, home care, and assistive devices
- A daily journal documenting your pain levels, symptoms, limitations, and how the injuries affect your daily life. This becomes powerful evidence of your pain and suffering.
- Photos of your injuries as they progress through healing
Step 9: Follow Your Treatment Plan
This seems obvious, but it is one of the most common mistakes that weakens personal injury claims. If your doctor prescribes physical therapy three times per week, go three times per week. If you are referred to a specialist, follow up promptly. If medication is prescribed, take it as directed.
Insurance companies closely examine treatment records for gaps, missed appointments, and early termination of care. Any of these can be used to argue that your injuries resolved, that treatment was unnecessary, or that you failed to mitigate your damages.
Step 10: Consult a Personal Injury Attorney
You are not required to hire an attorney to file a car accident claim, but doing so almost always results in a better outcome. Studies consistently show that represented claimants recover significantly more compensation than those who handle claims on their own, even after accounting for attorney fees.
An experienced personal injury attorney will handle communications with the insurance company so you do not inadvertently harm your claim, investigate the collision and preserve evidence, calculate the full value of your claim including future medical expenses and pain and suffering, negotiate with the insurer on your behalf, and file a lawsuit if a fair settlement cannot be reached.
Most personal injury attorneys, including our firm, work on a contingency fee basis. There is no upfront cost, and you pay no fee unless we recover compensation for you.
Common Mistakes That Hurt Your Claim
After handling thousands of car accident cases in Massachusetts, these are the mistakes I see most often:
- Waiting too long to see a doctor. Even a two or three day delay gives the insurance company ammunition to argue your injuries are not related to the collision.
- Posting on social media. Insurance companies monitor Facebook, Instagram, and other platforms. A photo of you at a family event can be used to argue you are not in pain. Do not post about your collision, your injuries, or your activities while your claim is open.
- Giving a recorded statement to the at-fault driver’s insurance company without legal advice.
- Accepting the first settlement offer. Early offers are almost always well below the true value of the claim. In one Massachusetts case, the initial offer was $18,000, but the case ultimately settled for $62,500.
- Not following through with treatment. Gaps in treatment are one of the primary tools insurers use to devalue claims.
- Signing a blanket medical authorization. Only authorize release of records directly related to your collision injuries.
- Talking to the other driver’s insurance company without consulting an attorney first.
Understanding Your Insurance Coverage
Massachusetts has specific insurance requirements that affect how car accident claims work. As of July 1, 2025, the minimum coverage requirements are:
- PIP: $8,000 (covers your medical expenses and 75% of lost wages regardless of fault)
- Bodily Injury: $25,000 per person / $50,000 per accident
- Property Damage: $30,000 per accident
- Uninsured/Underinsured Motorist: $25,000 per person / $50,000 per accident
If the at-fault driver carries only the minimum coverage, the most you can recover from their policy is $25,000. This is why your own underinsured motorist (UIM) coverage is critical. If you carry higher UIM limits, you can claim the difference between the at-fault driver’s coverage and your UIM limits.
The Massachusetts Tort Threshold
To pursue a claim against the at-fault driver for pain and suffering, your case must meet the tort threshold under M.G.L. c. 231, Section 6D. Your reasonable and necessary medical expenses must exceed $2,000, or your injuries must include death, loss of a body member, permanent and serious disfigurement, or loss of sight or hearing. Below this threshold, you are limited to PIP benefits.
Time Limits
The statute of limitations for a car accident personal injury claim in Massachusetts is three years from the date of the collision (M.G.L. c. 260, Section 2A). If you do not file a lawsuit within three years, you lose the right to pursue compensation permanently.
However, you should not wait until the deadline approaches. Evidence degrades over time, witnesses become harder to locate, and medical records become less clear. The sooner you begin the process, the stronger your case will be.
Frequently Asked Questions
Should I call the police after a car accident in Massachusetts?
Yes. Massachusetts law requires you to report any accident that results in personal injury or property damage over $1,000. Call 911 immediately if anyone is injured. A police report creates an official record of the accident that is critical evidence for your insurance claim and any potential lawsuit.
How long do I have to see a doctor after a car accident in Massachusetts?
You should seek medical attention as soon as possible, ideally the same day or within 24-48 hours of the accident. While there is no specific legal deadline, insurance companies routinely use delays in treatment to argue that your injuries were not caused by the accident or are not serious. Prompt medical evaluation also ensures that injuries like concussions and internal bleeding are diagnosed early.
Should I give a recorded statement to the other driver’s insurance company?
No. You are not legally required to give a recorded statement to the at-fault driver’s insurance company. Adjusters use recorded statements to find inconsistencies and minimize your claim. You should speak with a personal injury attorney before communicating with the other driver’s insurer.
What if the other driver does not have insurance?
If the at-fault driver is uninsured, you can file a claim under your own uninsured motorist (UM) coverage. Massachusetts requires all auto policies to include UM coverage with minimums of $25,000 per person and $50,000 per accident as of July 2025. You can also pursue a direct lawsuit against the uninsured driver.
Do I need a lawyer after a car accident in Massachusetts?
While you are not required to hire an attorney, studies consistently show that represented claimants recover significantly more than those who handle claims on their own. If you have injuries requiring medical treatment, missed work, or are dealing with an uncooperative insurance company, consulting a personal injury attorney is strongly recommended. Most work on contingency, meaning there is no fee unless you recover compensation.
About the Author
Christopher Murphy, Esq. is the Managing Partner of Scalli Murphy Law with offices in Everett and Danvers, Massachusetts. Attorney Murphy has represented personal injury victims across Massachusetts since 1999 and has been recognized as a Massachusetts Super Lawyer in Personal Injury. He has helped thousands of clients and families recover compensation after car accidents, premises liability incidents, wrongful death cases, and other personal injury claims.
Contact Scalli Murphy Law
If you have been injured in a car accident in Massachusetts, time matters. The steps you take now directly affect the value of your claim. Scalli Murphy Law has over 30 years of experience representing car accident victims throughout Massachusetts. We handle every aspect of the claim so you can focus on your recovery.
Call 617-387-7000 or 1-833-933-HELP for a free consultation. There is no fee unless we recover for you.
Everett Office: 537 Broadway, Everett, MA 02149
Danvers Office: 1 Webb Street, Danvers, MA 01923
Related Resources:
- Average Car Accident Settlement in Massachusetts (2026)
- Insurance Company Tactics: How Insurers Lowball Your Claim
- Highways in Massachusetts with the Most Fatalities
- Car Accident Practice Area
