If you were hurt in a car accident in Massachusetts, the short answer is yes, you can sue the at-fault driver, but only if your case meets specific legal requirements. Massachusetts is a no-fault insurance state, which means your own auto insurance pays your initial medical bills and lost wages no matter who caused the crash. To step outside that no-fault system and pursue the other driver for pain and suffering, your injuries have to clear a legal bar known as the tort threshold.
Understanding how no-fault insurance, the tort threshold, and the statute of limitations work together will tell you whether a lawsuit is available to you, and how much time you have to act. Here is what Massachusetts law actually requires.
How No-Fault Insurance and PIP Work in Massachusetts
Under G.L. c. 90, section 34M, every Massachusetts auto policy includes Personal Injury Protection (PIP) coverage. PIP pays up to $8,000 in medical expenses and lost wages after a car accident, regardless of who caused the crash. This applies whether you were the driver, a passenger, or a pedestrian struck by an insured vehicle.
Because PIP is designed to cover routine accident-related costs quickly, Massachusetts law limits your ability to sue the at-fault driver for injuries that stay within that $8,000 range and do not otherwise meet the criteria described below. The no-fault system is meant to resolve minor injury claims without litigation. Suing becomes an option once your injury exceeds what the no-fault system is designed to handle.
The Tort Threshold: When You Can Sue
Massachusetts sets its tort threshold in G.L. c. 231, section 6D. You can pursue a claim against the at-fault driver for pain and suffering if either of the following applies:
- Your reasonable and necessary medical expenses from the accident exceed $2,000, or
- Your injury falls into one of the categories the statute treats as serious regardless of medical bills: death, permanent and serious disfigurement, a fracture (any broken bone), loss of hearing or sight, or another substantial and permanent loss of bodily function.
Many car accident injuries clear the $2,000 medical threshold quickly once emergency room visits, imaging, physical therapy, and follow-up care are added together. A single ambulance ride and ER visit can approach that figure on its own. If your injury includes a fracture or another listed condition, you can meet the threshold even if your medical bills are lower.
If your injuries do not meet either standard, PIP remains your primary source of recovery and a lawsuit against the at-fault driver for pain and suffering is not available.
What You Can Recover in a Lawsuit
Once you meet the tort threshold, Massachusetts law allows you to pursue the at-fault driver for damages that go beyond what PIP covers, including:
- Pain and suffering and emotional distress connected to the injury
- Medical expenses beyond the $8,000 PIP limit
- Lost wages beyond what PIP paid
- Property damage to your vehicle
- Future medical care and lost earning capacity, when supported by medical evidence
Property damage claims are handled separately from the tort threshold. You can generally pursue the at-fault driver’s insurer for vehicle repair or replacement costs even in cases where your injuries do not meet the section 6D threshold.
The Deadline to File Suit
Massachusetts law gives you three years from the date of the car accident to file a personal injury lawsuit, under G.L. c. 260, section 2A. This deadline is firm. Once it passes, you generally lose the right to sue, regardless of how serious your injury turned out to be.
If a government vehicle or public entity was involved, for example a city bus, school vehicle, or municipal snowplow, a separate and much shorter deadline applies. G.L. c. 258 requires written notice of your claim to the public entity within two years, and in practice this notice should be sent as early as possible. Waiting to see how your recovery progresses before contacting a lawyer can cost you the ability to bring a claim at all.
What if You Were Partly at Fault?
Massachusetts follows a modified comparative negligence rule under G.L. c. 231, section 85. You can still recover damages as long as you were 50 percent or less at fault for the crash. Your recovery is reduced by your percentage of fault. For example, if a jury finds you 20 percent responsible for a crash and awards $100,000 in damages, you would recover $80,000.
If you are found more than 50 percent at fault, Massachusetts law bars recovery entirely. Fault determinations often become a central issue in contested claims, which is one reason documenting the scene, obtaining the police report, and gathering witness information after a car accident matters.
Uninsured and Underinsured Motorist Coverage
Not every at-fault driver carries enough insurance, and some carry none at all. If the driver who caused your accident is uninsured, your own uninsured motorist (UM) coverage can step in to pay for your injuries as if that driver were insured. If the at-fault driver has insurance but not enough to cover your damages, your underinsured motorist (UIM) coverage can make up the difference, up to your policy limits.
These claims are brought against your own insurance company rather than the at-fault driver, but the same tort threshold analysis under section 6D generally applies to determine what you can recover for pain and suffering.
Frequently Asked Questions
Do I have to reach $2,000 in medical bills before I can sue after a car accident in Massachusetts?
Not necessarily. The $2,000 medical expense threshold is one way to meet the tort requirement under G.L. c. 231, section 6D, but a fracture, permanent disfigurement, loss of hearing or sight, or death satisfies the threshold regardless of the medical bill total.
Does PIP pay my bills even if the car accident was my fault?
Yes. PIP coverage under G.L. c. 90, section 34M pays up to $8,000 in medical expenses and lost wages regardless of fault. This is the core feature of a no-fault insurance system.
How long do I have to file a car accident lawsuit in Massachusetts?
Generally three years from the date of the crash under G.L. c. 260, section 2A. If a government entity or vehicle was involved, a separate written notice deadline under G.L. c. 258 applies and is much shorter, so prompt legal advice matters.
Can I still recover money if I was partly responsible for the crash?
Yes, as long as you were 50 percent or less at fault. Your recovery is reduced by your percentage of fault under the modified comparative negligence rule in G.L. c. 231, section 85. If you are found more than 50 percent at fault, you cannot recover.
Figuring out whether your case meets the tort threshold, and what it is worth, depends on the specific facts of your crash and your medical records. The team at Scalli Murphy Law, P.C. in Everett can review your accident, explain your options under Massachusetts law, and help you understand whether a lawsuit or an insurance claim is the right path forward. Learn more about our motor vehicle injury practice, or call us today at (617) 387-7000 for a free consultation.