Many drivers assume that calling their own auto insurance company after a not-at-fault crash protects them, but the opposite often proves true. Notifying your insurer without first consulting a Massachusetts car accident lawyer may trigger a rate increase, complicate your claim, or give the insurance adjuster ammunition to minimize the compensation you may recover, even when you weren’t at fault for the crash.
So when drivers ask whether they should contact their own car insurance provider, the answer is yes. Report the accident, but stick to the facts and refrain from discussing the details.
In a no-fault state like Massachusetts, your insurance provider pays for your medical expenses and lost income after a car crash caused by another driver, so reporting is essential. However, dealing with any auto insurance company, including your own, while making a claim can be costly without legal representation.
What You Should Know Before You Call Your Insurer
Most auto insurance policies require policyholders to report accidents within specific timeframes, often 24 to 72 hours. These deadlines exist whether you caused the crash or not. Failing to report within policy deadlines may give insurers grounds to deny coverage later if complications arise.
However, reporting requirements differ from filing a claim. You may need to notify your insurer that an accident occurred without filing a claim through your own coverage. The distinction matters because filing a claim creates a record that affects your rates, while a simple notification may not.
After you report the accident to your insurer, talk to a lawyer to protect yourself going forward. Insurance policies vary widely between companies, operate differently depending on whether your state follows fault or no-fault rules, and don’t always play fair when accepting liability for policyholders.
A lawyer reviews your specific policy, identifies potential pitfalls, and protects your rights before insurers gain the upper hand. They handle communications with adjusters and negotiate from positions of knowledge about policy terms and Massachusetts law.
Massachusetts follows modified no-fault rules
Massachusetts uses a no-fault insurance system under Massachusetts General Laws Chapter 90. Your own Personal Injury Protection (PIP) coverage pays your medical bills and lost wages up to policy limits, regardless of who caused the accident.
However, Massachusetts law also allows you to step outside the no-fault system to pursue claims against the at-fault driver when injuries cross certain thresholds.
This hybrid approach creates confusion about which insurance company to contact first. Your PIP coverage handles immediate medical expenses, but property damage claims and serious injury compensation come from the at-fault driver’s liability insurance.
Do I Have to Report a Not-at-Fault Accident to My Insurance?
The short answer is: it depends on your policy terms and the circumstances of the accident. Massachusetts law requires reporting certain accidents to the Registry of Motor Vehicles (RMV), but your insurance policy creates separate obligations.
Common insurance policy requirements include:
- Reporting within 24 to 72 hours of the accident
- Providing details about the other driver and witnesses
- Describing how the accident occurred
- Documenting visible damage or injuries
These requirements apply even when another driver clearly caused the crash. Your insurer wants to know about incidents that might later result in claims against your policy, particularly if the other driver lacks insurance or disputes fault.
Failing to report when your policy requires it creates problems if circumstances change. The other driver might later claim injuries that weren’t apparent at the scene. They might dispute fault after initially accepting responsibility. Their insurance company might deny the claim, forcing you to use your own coverage.
What Happens When You Call Your Insurance Company?
The moment you report an accident, your insurance company begins a process designed to protect its financial interests. They’re not working for you during this investigation, even when you pay the premiums.
The claims investigation process
Your insurer assigns an adjuster to your case, and that adjuster contacts you for a recorded statement. They ask about the accident circumstances, your injuries, vehicle damage, and any conversations with the other driver. These recorded statements become evidence that insurers use to evaluate claims and, when beneficial to them, deny or reduce payments.
Adjusters phrase questions to elicit answers that minimize claim value. They ask about pre-existing injuries, prior accidents, or whether you felt fine immediately after the crash. Seemingly innocent questions about your activities after the accident may later be used to argue your injuries aren’t serious.
Premium increases and claim history
Reporting an accident creates a claim record that appears on your insurance history, even when you don’t file a claim for damages through your own policy. Multiple accidents on your record, regardless of fault, may result in premium increases or policy non-renewal.
Insurance companies consider not-at-fault accidents when calculating rates because studies show drivers involved in multiple crashes, even when not responsible, present a higher risk. Your premiums might increase 10 to 30 percent after a not-at-fault accident, depending on your insurer’s policies and your overall driving record.
Filing Through the Other Driver’s Insurance Instead
Massachusetts law allows you to pursue claims directly with the at-fault driver’s insurance company for property damage and injuries exceeding your PIP coverage limits. This option often proves more favorable than involving your own insurer.
Third-party liability claims explained
The at-fault driver’s bodily injury liability and property damage liability coverages pay for harm they cause. You file a third-party claim directly with their insurance company, providing evidence of their responsibility and documentation of your damages.
Third-party claims don’t affect your insurance rates because you’re not using your own coverage. The at-fault driver’s insurer evaluates liability, reviews your damages, and makes settlement offers based on their policyholder’s coverage limits and responsibility.
Advantages of going through the other insurance:
- No claim history on your own policy
- No deductible payment when the other insurer accepts liability
- Your rates remain unaffected
- Access to potentially higher liability coverage limits
The at-fault driver’s liability insurance typically provides higher coverage limits for serious injuries than your PIP coverage offers. Massachusetts requires minimum liability limits, but many drivers carry higher amounts that provide greater compensation for significant injuries.
Challenges with third-party claims
The at-fault driver’s insurance company has no contractual relationship with you. They work exclusively for their policyholder, which means they’ll look for any reason to deny liability, reduce your damages, or delay payment.
At-fault insurers frequently dispute fault percentages. Massachusetts follows a modified comparative negligence (Massachusetts General Law Chapter 231, Section 85), which reduces your recovery if you share any responsibility for the crash. Insurers exploit this by claiming you contributed to the accident, even when their driver clearly caused it.
When You Must Use Your Own Insurance Coverage
Certain situations require filing claims through your own insurance, even when another driver caused the accident. Recognizing these scenarios helps you make informed decisions about reporting and filing.
Uninsured and underinsured motorist situations
Massachusetts requires all drivers to carry insurance, but many don’t comply. When an uninsured driver hits you, your own uninsured motorist (UM) coverage usually becomes the only source of compensation beyond your PIP benefits.
Similarly, when the at-fault driver carries minimum liability limits insufficient to cover your damages, your underinsured motorist (UIM) coverage provides additional compensation. Using UM or UIM coverage requires notifying your insurance company and filing a claim through your own policy.
Hit-and-run accidents
When a driver flees the scene, your own collision and UM coverages become necessary. Massachusetts law treats hit-and-run drivers as uninsured motorists for claim purposes, allowing you to access UM coverage for injuries.
Property damage from hit-and-run crashes typically requires using your collision coverage if you carry it. You’ll pay your deductible, though some policies waive deductibles for hit-and-run accidents if you file a police report.
When the other driver disputes fault
Fault disputes force you to choose between fighting the other insurer’s denial or filing through your own collision coverage to get your vehicle repaired quickly. If you use your collision coverage, your insurer pays your claim minus your deductible, then pursues subrogation against the at-fault driver’s insurance.
Subrogation means your insurance company seeks reimbursement from the responsible party. If they succeed, you receive your deductible back. This process takes months and doesn’t always succeed, particularly when liability remains disputed.
How Does Massachusetts PIP Coverage Work?
Personal Injury Protection forms the foundation of Massachusetts no-fault insurance. Every auto policy includes PIP coverage with minimum limits of $8,000, though drivers may purchase higher amounts.
What PIP covers
PIP pays medical expenses, lost wages, replacement services, and funeral expenses resulting from auto accidents, regardless of fault. Coverage begins immediately after a crash without requiring fault determination or claim approval from the at-fault driver’s insurer.
Medical expenses include hospital care, doctor visits, physical therapy, prescription medications, and medical equipment. Lost wages cover 75 percent of your gross income when injuries prevent working. Replacement services compensate for household tasks you can’t perform due to injuries, such as childcare, cleaning, or yard work.
PIP limitations and thresholds
Massachusetts PIP coverage contains limitations that restrict compensation. The $8,000 minimum limit exhausts quickly with serious injuries requiring extensive medical treatment. Once you exceed PIP limits, you must pursue additional compensation through the at-fault driver’s liability insurance.
To file a lawsuit against the at-fault driver for pain and suffering, your injuries must meet one of several thresholds under Massachusetts General Law Chapter 231, Section 6D.
Qualifying injuries include:
- Medical expenses exceeding $2,000
- Death
- Loss of a body member
- Permanent and serious disfigurement
- Substantial loss of sight or hearing
These thresholds prevent lawsuits for minor accidents but allow recovery for significant harm.
Massachusetts law requires PIP to pay as primary coverage before health insurance. This prevents health insurers from avoiding payment by claiming auto insurance should cover accident-related medical bills. Your health insurance only covers expenses exceeding PIP limits.
Steps to Take After a Not-at-Fault Accident
If you haven’t already received medical care, get evaluated by a doctor immediately. Some injuries don’t show symptoms right away, and delayed treatment gives insurance companies ammunition to argue your injuries aren’t serious or weren’t caused by the crash. Medical records establish the direct connection between the collision and your injuries.
Beyond medical care, several actions protect your rights and strengthen your claim. Critical steps to protect your claim:
- Hire a lawyer before speaking with any insurance company. Legal counsel reviews your policy, handles all communications with adjusters, and protects you from recorded statements that damage your claim. Most personal injury lawyers work on contingency, meaning you pay nothing unless they recover compensation.
- Keep all medical appointments and follow treatment plans. Gaps in treatment allow insurers to claim your injuries weren’t serious or have healed. Consistent medical care documents the ongoing impact of your injuries and supports your claim for compensation.
- Document your recovery through written or video journals. Record your daily pain levels, activities you can’t perform, sleep disruptions, and how injuries affect your work and family life. This personal record captures suffering that medical charts may not reflect.
- Save all accident-related receipts and documentation. Keep copies of medical bills, prescription receipts, mileage to appointments, and any other expenses related to your injuries. These records prove your financial losses.
Notify the RMV when required
Massachusetts requires reporting accidents to the Registry of Motor Vehicles when they result in injury, death, or property damage exceeding $1,000. You must file a Motor Vehicle Crash Operator Report within five days of the accident.
This reporting requirement exists independent of insurance notifications. Failing to file the required RMV report may result in license suspension, even when another driver caused the crash.
Frequently Asked Questions About Reporting Not-at-Fault Accidents in Massachusetts
Will my insurance rates go up if the accident wasn’t my fault?
Possibly. Massachusetts law prohibits insurers from surcharging for not-at-fault accidents where you’re less than 50 percent responsible. However, multiple accidents on your record, even when not your fault, may affect renewal decisions and premium calculations based on overall risk assessment.
How long do I have to report an accident to my insurance company?
Most policies require reporting within 24 to 72 hours, though specific timeframes vary by insurer. Review your policy declarations or contact your agent to confirm your reporting deadline. Late reporting may void coverage for that incident.
Can I choose which insurance company to file my claim with?
For property damage and liability claims, you may choose between your own collision coverage and the at-fault driver’s property damage liability insurance. For injuries, Massachusetts PIP laws require your own insurance to pay first, but you may also pursue additional compensation from the at-fault driver’s bodily injury coverage.
What if the other driver’s insurance denies my claim?
You have several options when the at-fault insurer denies your claim. File through your own collision coverage for vehicle damage, use your UM/UIM coverage if the denial stems from coverage issues, or consult a lawyer about filing a lawsuit against the at-fault driver directly.
Do I need a lawyer if the accident wasn’t my fault?
Legal representation proves valuable even in seemingly straightforward not-at-fault accidents. Lawyers protect your rights during insurance negotiations, identify coverage sources you might not know exist, and pursue full compensation when insurers offer inadequate settlements. Most personal injury lawyers work on contingency, meaning you pay nothing unless they recover compensation for you.
Getting the Right Help After Your Accident
Bailey, Michael J., Car Accident Lawyer
A not-at-fault motor vehicle accident carries consequences that ripple through months of claim processing, settlement negotiations, and potential rate increases. Dealing with insurance companies directly before consulting legal counsel may cost you thousands in reduced settlements or increased premiums.
The Law Offices of Bailey & Burke help Massachusetts accident victims protect their rights before insurance companies gain the upper hand. We review your policy, advise on reporting requirements, and handle all insurer communications while you focus on recovery.
Our team investigates crashes, documents damages, and pursues full compensation through all available coverage sources. Call us or contact us online today for a free consultation to discuss your case.
