What Should I Do After A Car Accident in Massachusetts?

One second you’re driving down Mass Ave or merging onto I-93. The next, you hear the crunch of metal and your heart is pounding. Most people have never been in a crash before, so it’s normal not to know what comes next.

The good news is that a few simple steps can protect your health and your rights. We’ve helped injured people across Massachusetts for over 20 years, and we see the same mistakes again and again. Here’s what we tell our own clients to do, in order, and what to stay away from.

If you were hurt and want to talk it through with someone, our Boston car accident lawyers offer a free consultation.

What You Should Do After A Car Accident at the Scene

The first step you should take after a Boston car accident is to give yourself a second to breathe before you move. This could mean fighting your gut instinct and the adrenaline rushing through your body, which can mask the pain of even the most severe injuries. Take a moment to assess your body for any visible injuries, and then do the same for your passengers. If anyone needs emergency medical attention, call 911. Then follow these steps:

1. Stay at the Scene

This one is more than good advice. It’s the law. In Massachusetts, if you’re involved in a crash that injures a person or damages another vehicle or property, you must stop and give your name, address, and registration number to the other people involved (M.G.L. c. 90, §24).
Driving away can turn a fender bender into a criminal case. Penalties go up with the harm involved. Leaving after damaging property can bring a fine or up to two years in jail. Leaving after injuring someone carries a fine and a jail sentence of six months to two years. If someone dies, a driver who leaves to avoid prosecution may face up to 10 years in state prison.
And if someone else drove off after hitting you, try to note the plate, car color, and direction they went. Our FAQ on how hit-and-run accidents are handled in Massachusetts explains what you can do next.

2. Check for Injuries and Call 911

Start with yourself, then your passengers. If anyone is hurt, call 911 right away. Don’t try to move someone who complains of neck or back pain unless they’re in immediate danger. Let the paramedics handle it.
We recommend calling the police after any crash where someone is hurt, or there’s real damage. An officer can document the scene, talk to witnesses, and write an official report. That report can carry a lot of weight later when insurers start asking questions about fault. Additionally, Massachusetts law requires you to contact the police if there are significant damages and bodily injuries.
When the officer arrives, ask for their name, badge number, and how to get a copy of the report. Our guide on how to get your car accident report in Boston walks you through it. Not sure if your crash needs police at all? See whether you need to call the police after a minor car accident.

3. Exchange Information

Get the following from every driver involved:

• Full name and phone number
• Driver’s license number
• License plate and registration number
• Insurance company and policy number
• Make, model, and color of the vehicle
• If anyone saw the crash, ask for their name and phone number too. Witnesses tend to disappear fast, and a neutral person’s account can make a big difference if the other driver changes their story later.

4. Take Photos and Write Down What Happened

Your phone is your best tool right now. Take pictures of:

• Damage to every vehicle
• Where the cars came to rest
• License plates
• Skid marks, debris, traffic lights, and road signs
• Weather and road conditions, like ice, potholes, or construction
• Any visible injuries, like cuts or bruises

Do this even if the police are there. Their report may not capture everything, and your photos show the scene exactly as it was.Then, while it’s still fresh, write down or record a voice note about what happened. Include the date, time, exact location, which direction everyone was going and whether everyone was wearing seat belts. Also look around for cameras on nearby stores, homes or traffic poles. Footage can get recorded over within days. Here’s how to access traffic camera footage in Massachusetts.

5. Watch What You Say

Stay calm and polite, but keep the conversation to exchanging information. Saying “I’m sorry” is a natural reflex. The problem is that the other side may later treat it as an admission of fault.
Fault matters in Massachusetts. Under our comparative negligence law, you may still recover damages if you were partly at fault, as long as your share isn’t greater than the other side’s. But any money you recover can be reduced by your percentage of fault (M.G.L. c. 231, §85). So let the evidence decide who was responsible, not a quick apology at the side of the road. Learn more about how fault is determined in a car accident claim.

What You Should Do in the Days After the Crash

1. See a Doctor, Even If You Feel Fine

Adrenaline is powerful. Plenty of people walk away from a crash feeling okay, then wake up two days later with a stiff neck or a pounding headache. Whiplash, concussions and other traumatic brain injuries, back injuries and internal injuries don’t always show symptoms right away.

Get checked at a hospital, urgent care or by your own doctor as soon as you can. Tell them you were in a car accident and describe every symptom, even the small ones. Then follow the treatment plan and keep your appointments.

This matters for your health first. It also creates a medical record linking your injuries to the crash. Long gaps in treatment can give an insurance company room to argue your injuries came from something else. For more, see when is it too late to go to the doctor after a car accident and how long after a car accident symptoms can appear.

2. File a Crash Report Within 5 Days If Required

Here’s a step many people don’t know about. Massachusetts requires the driver to file a written crash report within five days if anyone was hurt or killed, or if there was more than $1,000 in damage to any one vehicle or other property.

This is separate from any report the police officer writes. You file it yourself using the Motor Vehicle Crash Operator Report form. According to Mass.gov, you send a copy to:

• The local or State Police department where the crash happened
• Your insurance company
• The RMV’s Crash Records unit

Skipping it can have consequences. The registrar may suspend or revoke the license of a driver who doesn’t comply. If you were too badly hurt to file it yourself, the law allows the vehicle owner to file it instead. Had no police report at the scene? Our article on how to file a claim without a police report can help.

3. Notify Your Own Insurance Company

Call your insurer and let them know about the crash. Most policies require prompt notice, and in Massachusetts your own policy is usually where your first injury benefits come from.

That’s because Massachusetts is a no-fault state. Your Personal Injury Protection (PIP) coverage generally pays up to $8,000 for reasonable medical expenses, up to 75% of lost wages and certain replacement services, like help around the house, no matter who caused the crash. PIP doesn’t cover pain and suffering. Our FAQ on PIP coverage in Massachusetts breaks down how it works.

When you talk to your insurer, stick to the facts. Tell them when and where the crash happened and who was involved. There’s no need to guess about fault or about how badly you’re hurt.

4. Be Careful With the Other Driver’s Insurance Company

Within a few days, an adjuster from the other driver’s insurance company may call you. They might sound friendly and helpful. Just remember who they work for.

Watch out for these common moves:

• A recorded statement. Even a casual “I’m fine, thanks” can later be used to argue you weren’t really hurt.
• A quick settlement offer. Early offers often come before you know how serious your injuries are. Once you sign a release, you usually can’t ask for more later. Rejecting first one and negotiating is often a better option.
• A broad medical authorization. Some forms give access to your whole medical history, not just crash-related records.

You can politely take the adjuster’s name and claim number and tell them you’ll get back to them. It’s a good idea to talk to a lawyer before you give a statement or sign anything. If you already have an offer in hand, see how to respond to a low settlement offer.

5. Keep a Recovery File

Start a folder, paper or digital, and keep everything in one place:

• Medical bills, records and prescriptions
• Receipts for out-of-pocket costs
• Pay stubs and notes on missed work
• Mileage to and from appointments
• Repair estimates and rental car costs
• A short daily journal of your pain, sleep and what you can’t do anymore

That journal sounds small, but it’s often the best way to show how the crash changed your daily life.

What You Should Not Do After An Auto Accident

Knowing what not to do in the aftermath of an auto accident is just as important as what you should do. Some common mistakes people make include:

• Don’t post about the crash on social media. Insurance companies may look at your posts. A smiling photo at a family barbecue can be twisted to suggest you aren’t really hurt. The safest move is to stay quiet online until your claim is resolved.
• Don’t skip or delay medical care. Waiting to see a doctor, or stopping treatment early, can hurt your recovery and your claim.
• Don’t sign anything you don’t understand. That includes settlement releases and medical authorizations from the other driver’s insurer.
• Don’t wait too long. In most Massachusetts car accident cases, you have three years from the date of the crash to file a lawsuit. Some claims, like those against a city or town, have earlier notice rules. Evidence also fades much sooner than that.

If you have questions about the aftermath of your accident and whether or not you have the right to file a lawsuit, speaking with an injury attorney is typically your best option. The better you understand the laws that could affect your case, the more likely you will receive fair compensation.

When Should You Talk to a Car Accident Lawyer?

Not every crash needs a lawyer. If you weren’t hurt and the damage is minor, you may be able to handle it on your own with your insurance company.

But if you were injured, it often makes sense to get advice early. Here’s why. PIP has limits. Under Massachusetts law, you may be able to pursue a claim against the at-fault driver for pain and suffering only if your reasonable and necessary medical expenses are over $2,000, or if your injury involves a fracture, permanent and serious disfigurement, loss of a body member, certain loss of sight or hearing, or death. Figuring out whether your case meets that threshold, and what your options are, is where we come in.

When you call us, our team can:

• Answer your questions and explain your options
• Handle calls and paperwork with the insurance companies
• Visit the crash scene and look for traffic or surveillance camera footage
• Track down and talk to witnesses
• Get the police report and your medical records
• Help you get to the medical care you need

Depending on your case, damages you may be able to pursue can include medical bills, lost wages, pain and suffering and emotional distress. Every case is different, and the outcome depends on the facts and the law that applies.

Talk to Jason Stone Injury Lawyers About Your Crash

A car accident can turn your life upside down in seconds. You don’t have to figure out the next steps alone.

We’re a Massachusetts firm with offices in Boston, Natick, Fall River, Peabody, Plymouth and Norwood. Under our Stone Cold Guarantee®, consultations are free, we only get paid after you get paid, and if we don’t call you back within 24 hours, lunch is on Jason. A team member is available 24/7 to take your call.

Call us or fill out our online contact form. There’s no obligation, just information.