Accident Settlement Calculator

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Massachusetts Car Accident Settlement Calculator

In Massachusetts, you generally have 3 years to file an injury lawsuit, you recover nothing if more than 50% at fault, and drivers must carry at least $25,000/$50,000 in injury liability; it is a no-fault state, so your own PIP pays first. Enter your numbers below to see what a Massachusetts claim may be worth and what you would actually take home.

Massachusetts changed its minimum insurance on July 1, 2025. $25,000 / $50,000 bodily injury and $30,000 property damage for policies written or renewed on or after July 1, 2025. This calculator already applies the new rule. See all recent changes
1

Your accident

How serious is the injury?
2

Your costs so far

That's all you need for a first estimate. Rough numbers are fine.

Optional: make the estimate more accurate fault, insurance, lawyer fee
3

Fault and future costs

4

Insurance

5

What comes out of it

Massachusetts rules in 30 seconds

If you were partly at faultYou get nothing if you are more than 50% at fault
Details & exceptions

Massachusetts uses modified comparative negligence: an injured person can recover as long as their negligence is not greater than the total negligence of the defendants (so 50 percent or less), with damages reduced by their percentage of fault. At 51 percent or more, they recover nothing.

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Deadline to file a lawsuit3 years from the accident
Details & exceptions

G.L. c. 260, sec. 2A: 'actions of tort' and contract actions for personal injuries must be commenced within 3 years after the cause of action accrues. This covers both bodily injury and property damage claims sounding in tort. Claims against public employers (cities, towns, the Commonwealth) under the Massachusetts Tort Claims Act: a written claim must be presented to the employer's executive officer within 2 years after the cause of action arose, and suit must be brought within 3 years (G.L. c. 258, sec. 4). Public employer liability is capped at $100,000 and excludes prejudgment interest and punitive damages (G.L. c. 258, sec. 2). Statute text read from FindLaw mirrors (current as of 2025-01-01) because malegislature.gov and mass.gov were unreachable.

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Other driver's minimum insurance$25,000 per person, $50,000 per accident
Details & exceptions

Property damage minimum: $30,000. St. 2024, c. 275 (approved 2024-12-23) raised the compulsory minimums for policies issued or renewed on or after July 1, 2025: bodily injury to others from $20,000/$40,000 to $25,000/$50,000 (G.L. c. 90, sec. 34A) and property damage from $5,000 to $30,000 (G.L. c. 90, sec. 34O). Policies issued before July 1, 2025 at the old 20/40/5 limits moved to the new limits at renewal, so by 2026-11-13 all ordinary annual policies should carry at least 25/50/30. This was the first increase since 1988 (secondary reporting). The Division of Insurance's Filing Guidance Notice 2025-A (2025-01-29) implements the change. Compulsory PIP stays at $8,000 and compulsory uninsured-motorist bodily injury rose to $25,000/$50,000 (see no_fault and um_uim). The amounts were confirmed from the FindLaw text of 34A and 34O (which already shows the July 1, 2025 versions) and search snippets of the official session law and DOI notice; the official pages themselves could not be opened.

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Who pays your medical billsYour own PIP insurance first (at least $8,000)
Details & exceptions

Massachusetts is a no-fault state. Every policy must include personal injury protection (PIP) of at least $8,000 per person, which pays medical expenses, lost wages and replacement services regardless of fault (G.L. c. 90, sec. 34A). If the injured person has health insurance, PIP pays no more than $2,000 of medical expenses that the health plan covers. The at-fault driver is exempt from tort liability to the extent PIP benefits are payable (G.L. c. 90, sec. 34M). To recover pain and suffering in a motor vehicle tort case, the plaintiff must have reasonable and necessary medical expenses over $2,000, or an injury that (1) causes death, (2) consists in whole or in part of loss of a body member, (3) is permanent and serious disfigurement, (4) results in loss or partial loss of sight or hearing, or (5) consists of a fracture (G.L. c. 231, sec. 6D). Economic losses above PIP can always be claimed against the at-fault driver.

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Cap on pain and sufferingNo cap for typical car accident claims
Details & exceptions

No general cap for typical car accident injury claims. No cap on noneconomic damages in auto injury cases against private defendants. The $500,000 noneconomic cap in G.L. c. 231, sec. 60H applies only to malpractice and negligence actions against health care providers. Public employers' liability is capped at $100,000 total (G.L. c. 258, sec. 2), which is a government cap, not a general auto cap. The real limit on pain and suffering in ordinary car cases is the no-fault tort threshold of G.L. c. 231, sec. 6D (see no_fault).

Uninsured motorist coverageRequired
Details & exceptions

Uninsured motorist bodily injury coverage is compulsory: G.L. c. 175, sec. 113L(1) bars issuing a policy for a registered vehicle without it. Since St. 2024, c. 275, the compulsory uninsured-auto limit is $25,000 per person / $50,000 per accident for policies issued or renewed on or after July 1, 2025 (previously $20,000/$40,000). Underinsured motorist coverage (113L(2)) is optional and applies only if the policyholder elects to buy it.

Worked example: a typical Massachusetts car accident claim

Another driver turned left into you at an intersection in Massachusetts: $15,000 in medical bills, $5,000 in lost wages and a moderate injury that healed in a few months. The insurer says you were 20% at fault for speeding slightly, the other driver has a $100,000 policy, and your lawyer takes 33%. We assume your injury meets the state's serious-injury threshold.

  1. Economic damages$20,000Medical bills + expected future treatment + lost wages.
  2. Left after your own PIP pays$12,000Massachusetts uses no fault insurance. Your own coverage pays up to $8,000 of economic losses, which is not claimed again from the at-fault driver.
  3. Pain and suffering$20,000 – $40,000Multiplier method: economic damages × 2–3 for a moderate injury, minus the economic part itself.
  4. Total claim value$32,000 – $52,000Economic + pain and suffering.
  5. After your share of fault$25,600 – $41,600Massachusetts uses modified comparative negligence (51% bar): you recover nothing if you are 51% or more at fault; otherwise recovery is reduced by your 20%.
  6. Limited by available insurance$25,600 – $41,600At-fault policy limit $100,000 + your UM/UIM $0.
  7. Estimated take-home$16,152 – $26,872Minus attorney fee (33%), case costs and medical liens.

You would take home about $21,512 ($16,152 – $26,872), after the 33% fee and $1,000 in case costs, on top of the $8,000 your own PIP pays.

Typical figures (midpoint of a moderate injury multiplier), no medical liens. Run your own numbersor see the same crash in every state.

How much time do you have to file?

General personal injury deadline only. It can be shorter for claims against a city, county or state agency (often a written notice within months), and longer for minors. Check with a lawyer before relying on it.

Deadline traps in Massachusetts

The 3-year lawsuit deadline is not the only clock. These are the ones people miss:

Crash with a government vehicle or on a public road2 years (written claim)

Present a written claim within 2 years of the crash: to the city or town's executive officer (mayor, manager, clerk, solicitor, etc.) or, for the Commonwealth, to the Attorney General. If not denied within 6 months it counts as denied; suit must be filed within 3 years.

Mass. Gen. Laws ch. 258, sec. 4, presentment of claims against public employers

If the injured person is a child

For a child injured before 18, the 3-year clock generally starts on the 18th birthday (until age 21); the 2-year government claim deadline may not be extended for minors.

Mass. Gen. Laws ch. 260, sec. 7, minors and incapacitated persons

How fast a Massachusetts insurer must respond

Massachusetts sets no fixed day counts: under ch. 176D the insurer must reply 'reasonably promptly' and settle promptly once liability is reasonably clear. Injured third parties can send a ch. 93A demand letter; an insurer that does not make a reasonable written offer within 30 days risks higher damages.

Mass. Gen. Laws ch. 176D, sec. 3(9), unfair claim settlement practicesMass. Gen. Laws ch. 93A, sec. 9, demand letter and 30-day response

If an insurer misses these deadlines, you can file a complaint with the state insurance department. Compare all states:insurance claim deadlines by state.

Next steps after a Massachusetts crash

How no-fault insurance affects a Massachusetts claim

In Massachusetts, your own personal injury protection (PIP) coverage pays your medical bills and lost wages first, regardless of who caused the crash. You can generally pursue the at-fault driver for pain and suffering only if your injury meets the state's threshold. Tick the threshold box in the calculator if that applies to you.

Frequently asked questions

What is a typical car accident settlement in Massachusetts?
It depends on the bills, the injury and fault. Worked example: with $15,000 in medical bills, $5,000 in lost wages and a moderate injury, 20% of the fault and your own PIP paying first, a Massachusetts claim against the other driver is worth about $33,600, and the injured person takes home about $21,512 after a 33% attorney fee and costs. At 51% fault, the same claim pays nothing in Massachusetts.
Is Massachusetts an at-fault or no-fault state for car accidents?
Massachusetts's car insurance system: No-fault. Massachusetts is a no-fault state. Every policy must include personal injury protection (PIP) of at least $8,000 per person, which pays medical expenses, lost wages and replacement services regardless of fault (G.L. c. 90, sec. 34A). If the injured person has health insurance, PIP pays no more than $2,000 of medical expenses that the health plan covers. The at-fault driver is exempt from tort liability to the extent PIP benefits are payable (G.L. c. 90, sec. 34M). To recover pain and suffering in a motor vehicle tort case, the plaintiff must have reasonable and necessary medical expenses over $2,000, or an injury that (1) causes death, (2) consists in whole or in part of loss of a body member, (3) is permanent and serious disfigurement, (4) results in loss or partial loss of sight or hearing, or (5) consists of a fracture (G.L. c. 231, sec. 6D). Economic losses above PIP can always be claimed against the at-fault driver.
Is there a cap on pain and suffering in Massachusetts car accident cases?
No general cap for typical car accident injury claims. No cap on noneconomic damages in auto injury cases against private defendants. The $500,000 noneconomic cap in G.L. c. 231, sec. 60H applies only to malpractice and negligence actions against health care providers. Public employers' liability is capped at $100,000 total (G.L. c. 258, sec. 2), which is a government cap, not a general auto cap. The real limit on pain and suffering in ordinary car cases is the no-fault tort threshold of G.L. c. 231, sec. 6D (see no_fault).
What happens if I was partly at fault for an accident in Massachusetts?
Massachusetts follows modified comparative negligence with a 51% bar: you recover nothing if you are 51% or more at fault, and otherwise your recovery is reduced by your percentage of fault.
How long do I have to file a car accident lawsuit in Massachusetts?
Generally 3 years for personal injury and 3 years for property damage. G.L. c. 260, sec. 2A: 'actions of tort' and contract actions for personal injuries must be commenced within 3 years after the cause of action accrues. This covers both bodily injury and property damage claims sounding in tort. Claims against public employers (cities, towns, the Commonwealth) under the Massachusetts Tort Claims Act: a written claim must be presented to the employer's executive officer within 2 years after the cause of action arose, and suit must be brought within 3 years (G.L. c. 258, sec. 4). Public employer liability is capped at $100,000 and excludes prejudgment interest and punitive damages (G.L. c. 258, sec. 2). Statute text read from FindLaw mirrors (current as of 2025-01-01) because malegislature.gov and mass.gov were unreachable.
What is the minimum car insurance in Massachusetts?
$25,000 per person and $50,000 per accident for bodily injury, and $30,000 for property damage. St. 2024, c. 275 (approved 2024-12-23) raised the compulsory minimums for policies issued or renewed on or after July 1, 2025: bodily injury to others from $20,000/$40,000 to $25,000/$50,000 (G.L. c. 90, sec. 34A) and property damage from $5,000 to $30,000 (G.L. c. 90, sec. 34O). Policies issued before July 1, 2025 at the old 20/40/5 limits moved to the new limits at renewal, so by 2026-11-13 all ordinary annual policies should carry at least 25/50/30. This was the first increase since 1988 (secondary reporting). The Division of Insurance's Filing Guidance Notice 2025-A (2025-01-29) implements the change. Compulsory PIP stays at $8,000 and compulsory uninsured-motorist bodily injury rose to $25,000/$50,000 (see no_fault and um_uim). The amounts were confirmed from the FindLaw text of 34A and 34O (which already shows the July 1, 2025 versions) and search snippets of the official session law and DOI notice; the official pages themselves could not be opened.
What is the deadline to file a claim against the government in Massachusetts?
2 years (written claim). Present a written claim within 2 years of the crash: to the city or town's executive officer (mayor, manager, clerk, solicitor, etc.) or, for the Commonwealth, to the Attorney General. If not denied within 6 months it counts as denied; suit must be filed within 3 years.
How long does an insurance company have to respond to a claim in Massachusetts?
Massachusetts sets no fixed day counts: under ch. 176D the insurer must reply 'reasonably promptly' and settle promptly once liability is reasonably clear. Injured third parties can send a ch. 93A demand letter; an insurer that does not make a reasonable written offer within 30 days risks higher damages.

Related

Official sources