Answer: How to file a personal injury claim in Massachusetts after another driver ran a stop sign and hit you
Short answer: Get immediate medical care and a police report, notify your insurer, preserve evidence, pursue Personal Injury Protection (PIP) benefits, and then pursue a liability claim (settlement or lawsuit) against the at-fault driver. Be mindful of Massachusetts deadlines — generally you must file a personal injury lawsuit within three years. This is general information only and not legal advice.
Detailed answer (step-by-step)
1. Prioritize health and document injuries
Seek medical care right away, even for injuries that seem minor. Some injuries appear or worsen days after a crash. Keep all medical records, bills, prescriptions, test results, and follow-up instructions. These documents become primary evidence of injury and causation.
2. Call the police and get a crash report
Report the collision to local police so they create an accident report. The police report documents the scene, who was present, and often notes traffic violations (like running a stop sign). Obtain the report number and a copy of the report. If the at-fault driver fled, report that immediately.
3. Preserve evidence at the scene
Take photographs of: vehicle damage, vehicle positions, the intersection and stop signs, traffic signal layout, skid marks, road surface, visible injuries, and any relevant road signs or obstructions. Collect contact information for witnesses. Preserve any surveillance or dashcam footage if it exists. Do not alter the vehicles or the scene until you can document it (unless you must move for safety).
4. Notify your insurer promptly
Massachusetts drivers must carry auto insurance that includes Personal Injury Protection (PIP) benefits. Notify your insurance company as soon as possible. PIP pays for certain medical costs and lost earnings regardless of who caused the crash. Use PIP while you build a claim against the other driver’s liability insurer for additional losses (pain and suffering, excess medical costs, future lost earnings, vehicle damage, etc.). For information about Massachusetts no-fault/PIP benefits, see the relevant statute: M.G.L. c. 90, §34M.
5. Communicate carefully with insurers
Insurers will ask for a recorded statement and medical release forms. Provide required facts but avoid giving a full recorded statement about fault or circumstances without consulting an attorney. Be truthful; do not sign blanket releases or settle until you understand the full extent of your injuries and future needs.
6. Demand letter and negotiation
After you have documented injuries and damages, you (or your attorney) usually send a demand letter to the at-fault driver’s insurer describing the crash, injuries, medical treatment, lost income, and a settlement demand. Insurers often negotiate; many cases settle before lawsuit.
7. Filing a lawsuit (if necessary) — watch the time limit
If the insurer refuses a fair settlement, you can file a civil complaint (lawsuit) against the at-fault driver. In Massachusetts, the statute of limitations for most personal injury actions from negligence is three years from the date of the injury. See M.G.L. c. 260, § 2A. Filing within this period is critical. Missing the deadline usually prevents you from suing later.
8. Discovery, depositions, and trial
If you file suit, the parties exchange evidence (discovery), take depositions, and may attend mediation. Many cases still settle during discovery. If not, the case goes to trial and a judge or jury decides liability and damages.
9. Damages you can pursue
You can seek economic damages (medical bills, rehabilitation, lost wages, vehicle repair), non-economic damages (pain and suffering, loss of enjoyment of life), and in rare circumstances punitive damages. Massachusetts law reduces any damage award by your percentage of fault if you share responsibility for the crash (comparative fault). Keep careful records to prove each category of loss.
Common Massachusetts-specific rules to know
- Personal Injury Protection (PIP): Massachusetts auto policies provide certain no-fault benefits for medical and related expenses immediately after a crash — use these while you pursue fault-based claims. See M.G.L. c. 90, §34M.
- Statute of limitations: Most negligence-based personal injury suits must be filed within three years. See M.G.L. c. 260, § 2A.
- Comparative fault: Massachusetts reduces recoverable damages by your share of fault. Because fault allocation affects recovery, gathering strong evidence about who ran the stop sign (photos, witnesses, the police report) matters.
When to get an attorney
Consider hiring an attorney if any of the following apply: serious or ongoing injuries, disputes about fault, significant property damage or lost income, complicated liability issues (e.g., multiple vehicles), or an insurer offers a low settlement. A lawyer can preserve evidence, handle communications with insurers, value your claim, and file litigation if needed. If you have modest injuries and the at-fault insurer accepts responsibility and offers a fair settlement, you may be able to resolve the claim without a lawyer.
Practical timeline after the crash
- Immediate (same day): Seek medical care, call police, document the scene, notify your insurer.
- Days–weeks: Obtain police report, gather records and photos, follow medical treatment.
- Weeks–months: Use PIP benefits for medical bills, demand letter and settlement negotiations.
- Months–years: If no fair settlement, file suit before the statute of limitations; complete discovery, and either settle or go to trial.
Helpful Hints
- Keep a crash file: police report, medical records, bills, photos, repair estimates, and all communications with insurers.
- Photograph everything at the scene as soon as you can and back up the images.
- Get witness names and phone numbers at the scene before they leave.
- Accept immediate medical care and follow through with recommended treatment; missed treatment can hurt credibility.
- Preserve electronic evidence (dashcam, phone videos, GPS, nearby camera footage) quickly—these can be overwritten or lost.
- Be cautious giving recorded statements to the other driver’s insurer; consider consulting an attorney first.
- Do not sign a full release or accept a final settlement until you understand future medical needs and lost wages.
- Note that small damages or clear liability cases may settle quickly; complex cases often take longer and may benefit from legal representation.
Where to find help in Massachusetts
If you need assistance finding an attorney, consider contacting the Massachusetts Bar Association or using local attorney referral services. If you want free or low-cost legal help, legal aid organizations in Massachusetts can point you to resources based on income and case type.
Disclaimer
This article explains general principles under Massachusetts law and is intended for informational purposes only. It is not legal advice and does not create an attorney-client relationship. Laws change and every case depends on its facts. Consult a licensed Massachusetts attorney for advice about your specific situation.