Massachusetts: How to Move a Personal Injury Claim Forward After You Receive the Crash Report

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Understanding the Next Steps After You Receive a Crash Report in Massachusetts

This FAQ-style guide explains practical steps you can take to advance a personal injury claim after you obtain the police crash report. It assumes no prior legal knowledge and focuses on Massachusetts law and practice.

Detailed answer: Step-by-step actions to move your claim forward

  1. Read and preserve the crash report carefully.

    The police crash report is a starting point. Save a certified or electronic copy. Note the officer’s name, badge number, report number, crash location, diagram, listed witnesses, and any citations. The report helps establish the basic facts and identify other involved parties and insurance companies.

  2. Get prompt medical attention and document everything.

    Seek emergency care if needed and follow-up with your treating providers. Keep medical records, imaging, prescriptions, therapy notes, and bills. Link each medical entry to the crash when possible (e.g., “neck pain after crash on [date]”). Medical documentation is essential for proving injury, causation, and damages.

  3. Notify your auto insurer and any other relevant insurers immediately.

    Most auto policies require prompt notice of a crash. In Massachusetts, personal injury protection (PIP) benefits and other coverages can apply—report the accident and ask how to submit medical bills and wage-loss claims. Follow your insurer’s claim-filing instructions, and keep written confirmation of any notices you send.

  4. Preserve all evidence related to the crash.

    Save photos of vehicle damage, injuries, the scene, and skid marks. Keep damaged property and repair estimates. Preserve phone videos and text messages. If you can, write a contemporaneous note describing what you remember about the crash, pain onset, and conversations at the scene. Identify and keep contact information for witnesses listed on the report.

  5. Collect financial documentation for damages.

    Track medical bills, out-of-pocket expenses, lost wages, transportation costs to medical appointments, and receipts. These items form the basis for any damage calculations and settlement demands.

  6. Understand Massachusetts time limits (statute of limitations).

    In Massachusetts, most personal injury claims must be started within three years of the date the cause of action accrues. Missing this deadline can bar your right to sue in court. See the statute at the Massachusetts General Laws: M.G.L. c.260 §2A.

  7. Know how fault affects recovery in Massachusetts.

    Massachusetts follows a comparative-fault framework—your recovery is reduced by your percentage of fault and you are barred from recovery if your fault is greater than the allowed threshold. For how comparative negligence is applied, see: M.G.L. c.231 §85.

  8. Decide whether to negotiate a settlement or prepare a lawsuit.

    Most claims resolve by settlement. A typical path: demand package → insurer investigation → negotiation → settlement offer. If negotiations stall or the statute of limitations is approaching, filing a lawsuit preserves your right to pursue damages and can strengthen settlement leverage.

  9. Consider hiring a personal injury attorney and when to consult one.

    You should consult an attorney early if injuries are serious, liability or fault is disputed, the insurer offers an inadequate settlement, or the case involves complex coverage issues. An attorney can evaluate the crash report, coordinate medical proofs, prepare a demand letter, negotiate with insurers, and, if needed, file a complaint before the statute of limitations runs.

  10. Prepare a clear demand package if you intend to negotiate.

    A proper demand package generally includes: the crash report, photos, medical records and bills, wage-loss proof, a chronology of treatment, witness statements, and a written demand stating the injury-related losses and the dollar amount sought. Keep copies of every communication with insurers.

Practical timeline example (typical, not universal): within days—seek medical care and notify insurers; within 1–3 weeks—gather records and evidence; within months—submit a demand and negotiate; before 3 years—file suit if no acceptable settlement.

Key Massachusetts legal references

When to contact an attorney

Talk to a personal injury attorney promptly if any of the following apply:

  • Your injuries are moderate to severe or require ongoing treatment.
  • Liability is disputed or multiple parties are involved.
  • The insurer denies coverage or offers a low settlement.
  • There are third-party claims (e.g., rental car, employer, municipality) or complex coverage issues.
  • You need help preserving claims before the statute of limitations expires.

Important procedural cautions

  • Do not sign releases or accept a settlement before you understand your future medical needs.
  • Avoid giving recorded statements to the other party’s insurer without consulting an attorney.
  • Be truthful in all claims; inaccurate statements can harm your credibility and recovery.

Disclaimer

This information is educational only and does not constitute legal advice. It does not create an attorney-client relationship. For advice about your specific situation, contact a licensed Massachusetts attorney.

Helpful hints

  • Order multiple certified copies of the crash report; insurers or courts may require them.
  • Keep a single organized file (electronic or physical) for all crash-related documents.
  • Date-stamp or log every call with insurers and opposing parties; keep names and reference numbers.
  • If possible, get witness statements in writing early—memories fade.
  • Ask providers to link treatment notes explicitly to the crash to strengthen causation records.
  • Get copies of your medical bills and itemized statements showing services, dates, and providers.
  • Understand your auto policy: know your PIP, liability limits, uninsured motorist (UM), and underinsured motorist (UIM) coverages.
  • Keep a pain-and-symptom diary describing how injuries affect daily life—this helps with non-economic damages.
  • Don’t delay a consultation if liability or injuries are not straightforward—early counsel can preserve evidence and claims.
  • If you hire an attorney, ask about fees, costs, and how they will communicate case updates.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.