Failing to Report the Accident Immediately
Massachusetts law mandates that any motor vehicle accident resulting in injury, death, or property damage over $1,000 must be reported to the Massachusetts Registry of Motor Vehicles (RMV) within five days. This legal requirement is separate from informing your insurance company. Many policyholders mistakenly believe that a simple call to their insurer fulfills this obligation. It does not. Failing to complete and submit the RMV’s Crash Report form can lead to administrative penalties, including license suspension, regardless of fault. This oversight can also be used by the insurance adjuster to question your credibility and the timeliness of your claim, potentially complicating the process and casting doubt on your account of the incident.
Not Understanding Your Own Policy’s Coverage
A critical and often costly mistake is proceeding with a claim without a thorough understanding of your own insurance policy’s declarations page. Massachusetts is a no-fault state, meaning your own Personal Injury Protection (PIP) coverage is the primary source for medical expenses and lost wages, regardless of who caused the accident. PIP coverage has a standard limit of $8,000. Drivers who do not review their policy may be unaware of crucial optional coverages they purchased, such as Bodily Injury to Others, Underinsured/Uninsured Motorist Coverage, Medical Payments (MedPay), or collision and comprehensive deductibles. Assuming you have coverage you do not, or misunderstanding your deductible amounts, can lead to significant financial shocks during the claims process. Scrutinize your policy document line by line before initiating the claim.
Neglecting to Document the Scene Thoroughly
The moments following an accident are chaotic, but the quality of your documentation can make or break your claim. Common documentation failures include:
- Inadequate Photos: Taking a few distant shots of the vehicles is insufficient. You need multiple high-resolution photos from various angles showing vehicle damage, license plates, the positions of the cars relative to each other and traffic signals/signs, skid marks on the road, debris, and any visible injuries. Photograph the interior of the other driver’s vehicle if possible (e.g., to show an unbelted passenger).
- Skipping Witness Information: If there are witnesses, you must get their names and contact information. A neutral third-party account is incredibly valuable, especially in a “he-said, she-said” scenario. Do not assume the police report will contain all witness details; it might not.
- Forgetting a Personal Account: As soon as you are safe, write down your own detailed narrative of exactly what happened while your memory is fresh. Include time, weather, road conditions, speeds, what you saw, heard, and did. This personal record will be invaluable when you provide your statement days or weeks later.
Providing a Recorded Statement Without Preparation
The insurance adjuster for the at-fault party will almost certainly request a recorded statement. Their job is to minimize the payout for their company. You are under no legal obligation to provide this statement to the other party’s insurer. Agreeing to do so unprepared is a major risk. They will ask detailed, sometimes leading, questions designed to get you to admit partial fault, minimize your injuries, or contradict yourself later. If you choose to provide a statement, prepare meticulously. Stick to the facts, do not speculate, do not apologize or admit fault, and do not downplay your injuries. It is perfectly acceptable to say, “I don’t know,” or “I don’t recall.” You can also state that you are still receiving treatment and cannot fully assess your injuries yet. Being overly conversational or friendly can be used against you.
Accepting the First Settlement Offer Too Quickly
Insurance companies often employ a strategy of offering a quick, low-ball settlement soon after the accident. They are betting that you are in a vulnerable state, facing medical bills and car repairs, and will take the immediate cash. This is perhaps the most devastating mistake. Once you accept a settlement and sign a release, your claim is permanently closed. You cannot go back for more money if you later discover your injuries are more severe and require long-term treatment, or if your vehicle has hidden damage. The first offer is almost never the best offer. You should never even consider a settlement until you have reached Maximum Medical Improvement (MMI)—the point where your doctors conclude that your injuries have healed as much as they are going to. This is the only way to accurately quantify the full value of your claim.
Underestimating or Poorly Documenting Your Injuries
Soft-tissue injuries like whiplash, sprains, and concussions may not be immediately apparent. The adrenaline from the accident can mask pain. The mistake is failing to seek a medical evaluation promptly. Delaying treatment allows the adjuster to argue that your injuries were not caused by the crash or are not serious. You must get checked by a doctor, an urgent care facility, or an emergency room immediately. Furthermore, meticulous documentation is key. Keep a dedicated journal detailing your pain levels, physical limitations, emotional distress (anxiety, sleep loss, etc.), and how the injury impacts your daily life and hobbies. Retain every single medical record, bill, prescription receipt, and a log of all travel to and from appointments. This creates a compelling paper trail that substantiates your non-economic (pain and suffering) damages.
Failing to Mitigate Your Damages
Massachusetts law imposes a “duty to mitigate” on claimants. This means you have a legal responsibility to take reasonable steps to prevent your losses from getting worse. For example, if you fail to follow your doctor’s prescribed treatment plan, the insurance company can rightfully argue that your prolonged recovery is your own fault and reduce your compensation accordingly. Similarly, if your car is drivable but has damage that makes it unsafe, you must get it repaired to prevent further damage or a secondary accident. You cannot allow a minor repair to turn into a major one through neglect and then expect full reimbursement. Keep records of all your efforts to comply with medical advice and protect your property.
Signing Broad Medical Authorizations
The at-fault driver’s insurer will likely ask you to sign a medical authorization form giving them access to all your past medical records. This is a trap. A blanket authorization allows them to dig through your entire medical history, going back years or decades, to find any pre-existing condition they can blame for your current symptoms. They will argue that your neck pain is from a old sports injury or your back pain is due to degeneration, not the crash. You should never sign such a broad release. If they require specific medical records to evaluate the claim, you can provide them directly from your treating physicians related to this accident. This allows you to control the narrative and protect your privacy.
Misunderstanding Comparative Negligence
Massachusetts follows a modified comparative negligence rule (51% Bar Rule). This means you can recover damages only if you are less than 51% at fault for the accident. Your total compensation will be reduced by your percentage of fault. A common mistake is assuming you bear no fault or admitting to too much fault at the scene. The insurance adjuster will aggressively look for any reason to assign you a percentage of blame—were you slightly speeding? Was your taillight out? Did you look down for a second? Even a 10% or 20% assignment significantly reduces your final settlement. You must be very careful in how you describe the event to avoid inadvertently accepting blame for factors you may not even be responsible for.
Not Knowing the Statute of Limitations
This is a strict, non-negotiable legal deadline. In Massachusetts, you typically have three years from the date of the car accident to file a lawsuit for personal injury or property damage (M.G.L. c. 260, § 2A). If you do not settle your claim or file a lawsuit within this three-year window, you are almost always permanently barred from recovering any compensation. Waiting too long to pursue your claim, assuming negotiations will continue indefinitely, or not realizing the deadline is approaching are catastrophic errors. You must calendar this date from the moment the accident occurs. While most claims settle without a lawsuit, the threat of a timely lawsuit is your leverage. Letting the statute expire eliminates all your leverage.
