Estimate the potential value of your Massachusetts car accident claim. This calculator accounts for Massachusetts's specific fault rules, insurance requirements, and damage laws.
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Massachusetts is a no-fault state with a unique monetary threshold for stepping outside the no-fault system. Under M.G.L. ch. 90, Section 34M, your own PIP insurance pays your first $8,000 in medical expenses and 75% of lost wages regardless of fault. To sue the at-fault driver for pain and suffering (non-economic damages), you must meet one of these conditions:
This $2,000 threshold is significantly lower and more straightforward than the verbal thresholds in states like New Jersey, where injury type -- not dollar amount -- controls access to the tort system.
If your medical expenses are below $2,000 and your injury does not meet the listed severity criteria, you are limited to PIP benefits only. No pain and suffering component is available. Once you cross the $2,000 threshold (or qualify through the severity criteria), you gain full access to non-economic damages through a third-party tort claim. This creates a practical divide:
When a tort claim is available, Massachusetts applies modified comparative fault with a 51% bar under M.G.L. ch. 231, Section 85. Your damages are reduced by your fault percentage, and recovery is barred if you are 51% or more at fault. At exactly 50% fault, you can still recover.
Massachusetts requires minimum liability coverage of 20/40/5 ($20,000 per person BI, $40,000 per accident BI, $5,000 PD). UM coverage matching BI limits is mandatory. The statute of limitations for personal injury is 3 years from the date of the accident (M.G.L. ch. 260, Section 2A). Government entity claims typically require notice within 30 days under the Massachusetts Tort Claims Act.
| Feature | Massachusetts | New Jersey | Michigan |
|---|---|---|---|
| PIP Amount | $8,000 | $15,000+ | Tiered ($50K-Unlimited) |
| Threshold Type | $2,000 medical or listed injuries | Verbal or zero (policyholder chooses) | Serious impairment of body function |
| Threshold Clarity | Clear dollar amount | Injury-type based (subjective) | Case-law defined (subjective) |
| UM Required | Yes | Yes | No |
| Statute of Limitations | 3 years | 2 years | 3 years |
Under M.G.L. ch. 90, Section 34M, you cannot sue the at-fault driver for pain and suffering unless your reasonable medical expenses exceed $2,000, or your injury involves death, loss of a body member, permanent disfigurement, loss of sight or hearing, or a fracture. Below this threshold, you are limited to PIP benefits.
Massachusetts mandates $8,000 in PIP coverage, which pays medical expenses and 75% of lost wages regardless of fault. PIP is primary and pays before any tort claim. Higher PIP limits are available through your insurer.
Only if your injury independently qualifies through the severity criteria: death, loss of a body member, permanent and serious disfigurement, loss of sight or hearing, or a fracture. If your injury does not meet these criteria and your medical expenses are under $2,000, you cannot pursue non-economic damages.
When a tort claim is available, Massachusetts applies modified comparative fault under M.G.L. ch. 231, Section 85. Your award is reduced by your fault percentage. If your fault is 51% or more, you recover nothing. At 50% fault, you can still recover half your damages.
Three years from the date of the accident under M.G.L. ch. 260, Section 2A. Government entity claims under the Massachusetts Tort Claims Act may require notice within 30 days. Missing these deadlines bars your claim.
Massachusetts requires minimum liability coverage of $20,000 per person bodily injury, $40,000 per accident bodily injury, and $5,000 property damage. Uninsured motorist coverage at matching BI limits is mandatory. PIP of $8,000 is also required.
Massachusetts does not impose a general statutory cap on non-economic damages in personal injury cases. Once you clear the $2,000 medical threshold (or the severity criteria), your pain and suffering award is determined by the evidence without a statutory ceiling.
Yes. Massachusetts's no-fault system, $2,000 threshold, and comparative fault rules create legal complexities. A licensed Massachusetts attorney can evaluate whether your claim meets the threshold, coordinate PIP and tort claims, and maximize your recovery. Consult a licensed attorney before accepting any settlement offer.
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