Massachusetts Fault Rule
Modified Comparative Negligence (51% Bar) + Mandatory PIP ($8,000): Massachusetts operates under a 51% modified comparative fault standard alongside mandatory No-Fault PIP ($8,000). Claimants must exceed $2,000 in medical expenses or suffer permanent disfigurement or fracture to sue for pain and suffering.
Statute of Limitations
3 Years (Mass. Gen. Laws ch. 231, § 85, c. 90, § 34M & ch. 260, § 2A): Claimants must finalize settlement agreements or initiate formal civil actions within 3 years of the collision date.
Statutory Insurance Minimums
20/40/5 ($20k bodily injury / $40k per accident / $5k property damage): These mandatory insurance minimums represent the maximum available coverage under standard policies unless the driver purchased higher optional coverage.
How Fault Apportionment Affects Claims in Massachusetts
When negotiating auto accident claims in Massachusetts, insurance adjusters calculate damages using an itemized formula that adds economic losses (medical bills, future treatment, lost earnings, property repair) to non-economic damages (pain and suffering, loss of enjoyment of life).
Under Massachusetts General Laws Chapter 231 § 85, contributory negligence does not bar recovery if such negligence was not greater than the total amount of negligence attributable to the person or persons against whom recovery is sought (50% or less). Under M.G.L. c. 231 § 6D, accident victims must first exhaust their $8,000 PIP benefits and meet a $2,000 medical threshold before recovering for pain and suffering. Massachusetts provides a 3-year statute of limitations under M.G.L. c. 260 § 2A. Understanding this threshold prevents accident victims from being pressured into unfair initial liability splits during adjusters' telephone recorded statements.