What To Do After a Car Accident That Was Not Your Fault

If you are wondering what to do after a car accident that was not your fault, you are not alone, and the steps you take in the hours and days after the crash can make a real difference in how your claim turns out. Whether you are a longtime Massachusetts resident or a newcomer navigating the legal system for the first time, a car accident lawyer can help you protect your rights from the start. Brooks Law Firm serves families across the state in both personal injury and immigration matters, and we understand that an accident affects more than just your car.

Even when fault seems obvious, Massachusetts insurance rules create specific requirements you need to follow to preserve your right to full compensation. The good news is that the law does provide real protections for people who were hurt through someone else’s negligence. But those protections only work if you act early, document carefully, and understand how the state’s no-fault system interacts with your ability to sue the at-fault driver.

If you were recently in a car accident that was not your fault, call Brooks Law Firm today at (617) 245-8090 for a free consultation. We can review your case and help you understand your options for compensation under Massachusetts law.

Massachusetts Is a No-Fault State, and That Changes Everything

Massachusetts operates under a no-fault auto insurance system, which means your own insurance is the first place you turn after any car accident, regardless of who caused it. Every driver in the state is required to carry Personal Injury Protection (PIP) coverage, and that policy pays from $2,000 to $8,000 per person for medical expenses, 75% of lost wages, and replacement services like childcare or household help.

PIP coverage kicks in quickly, and you do not need to prove fault to access it. That speed matters when medical bills start arriving within days of a crash. However, $2,000 to $8,000 does not go far when you are dealing with emergency room visits, imaging, follow-up care, and time away from work.

The critical detail many people miss is that what to do after a car accident that is not your fault involves more than just filing a PIP claim. PIP does not cover pain and suffering, emotional distress, or the full scope of your lost income. To pursue those damages from the driver who caused the crash, you need to meet what Massachusetts law calls the “tort threshold.”

The Tort Threshold: When You Can Sue the At-Fault Driver

Under M.G.L. c. 231, § 6D, you may step outside the no-fault system and file a claim against the negligent driver if you meet one of two conditions:

• The dollar threshold: Your reasonable and necessary medical expenses exceed $2,000. This is based on the total cost of treatment, not just what PIP actually paid.

If your injuries meet this threshold, you can pursue the at-fault driver’s bodily injury liability insurance for the full range of damages, including pain and suffering, complete lost wages, long-term medical costs, loss of enjoyment of life, and permanent disability.

Many car accident injuries cross the $2,000 medical expense threshold faster than people expect. A single ambulance ride or emergency room visit with imaging can reach that amount on its own. The key is to seek medical attention promptly, follow through on treatment, and keep detailed records of every expense.

Steps To Take Immediately After the Crash

The actions you take at the scene and in the days that follow build the foundation of your entire claim. Here is what matters most.

At the Scene

• Check for injuries and call 911. Even if you feel fine, some injuries like whiplash, concussions, or internal trauma may not produce symptoms right away. A police response also creates an official accident report, which is one of the most important pieces of evidence in any car accident case.
• Document everything you can. Take photos of both vehicles from multiple angles, the road conditions, traffic signals, skid marks, license plates, and any visible injuries. If there are witnesses, collect their names and contact information.
• Exchange insurance information with the other driver. Get their name, policy number, insurance company, phone number, and vehicle information.
• Do not admit fault or apologize. Even a casual “I’m sorry” can be used against you later. Stick to the facts when speaking with the other driver and responding officers.

In the First Five Days

• Report the crash in writing. Under M.G.L. c. 90, § 26, crashes involving injury, death, or more than $1,000 in property damage must be reported within five days. Failing to file can create problems for your claim later.
• Notify your own insurance company. Because Massachusetts is a no-fault state, you file your initial PIP claim with your own insurer. This is not an admission that you caused the accident.
• See a doctor, even if you went to the emergency room. A follow-up visit creates a medical record that connects your injuries directly to the accident. Gaps in treatment are one of the first things insurance adjusters look for when they try to minimize a claim.

Do Not Give a Recorded Statement to the Other Driver’s Insurance Company

This is one of the most common mistakes people make after a car accident that was not their fault. The at-fault driver’s insurance company may call you quickly, sometimes within a day or two, and ask for a recorded statement about what happened. They may frame it as routine or necessary to process your claim.

It is not. You are under no obligation to give a recorded statement to the other driver’s insurer, and doing so can hurt your case. Insurance adjusters are trained to ask questions designed to create inconsistencies or get you to minimize your injuries. Anything you say can be used to reduce or deny your claim later.

If the other driver’s insurance company contacts you, it is best to direct them to your attorney. If you do not have one yet, a polite “I will have my lawyer follow up with you” is enough.

Understanding Massachusetts Comparative Negligence

Even when a crash was clearly not your fault, the other driver’s insurance company may try to argue that you share some responsibility. Massachusetts follows a modified comparative negligence rule with a 51% bar, meaning you can still recover damages as long as you are not more than 50% at fault. However, your compensation is reduced by whatever percentage of fault is assigned to you.

For example, if a jury determines you were 10% at fault and your total damages are $100,000, you would receive $90,000. But if you were found 51% or more at fault, you would recover nothing.

This is why documentation matters so much. Police reports, photographs, witness statements, and medical records all help establish that the other driver was responsible. The stronger your evidence, the harder it becomes for the insurance company to shift blame onto you. If you need help understanding how fault works in different types of motor vehicle accidents, speaking with an attorney early can make a real difference.

What Compensation You May Be Entitled To

When another driver’s negligence causes your injuries and you meet the tort threshold, Massachusetts law allows you to pursue several categories of damages:

• Medical expenses: Past and future costs of treatment, including emergency care, surgery, physical therapy, prescriptions, and any assistive devices you need.
• Lost wages and earning capacity: Income you missed because of the accident, as well as any reduction in your ability to earn in the future if your injuries are long-term.
• Pain and suffering: Compensation for the physical pain and emotional distress the accident caused. This is often the largest component of a car accident claim once you cross the tort threshold.
• Loss of enjoyment of life: If your injuries prevent you from participating in activities that mattered to you before the accident.
• Property damage: Repair or replacement of your vehicle and any personal belongings damaged in the crash. Property damage claims go through the at-fault driver’s insurance and are not subject to the tort threshold.

As of July 1, 2025, Massachusetts raised its minimum auto insurance requirements for the first time since 1988. The at-fault driver’s bodily injury liability coverage must now be at least $25,000 per person and $50,000 per accident, up from $20,000/$40,000 previously. Property damage minimums increased to $30,000 per accident. While these higher limits provide somewhat better protection, they can still fall short in cases involving serious injuries. An experienced personal injury lawyer can help identify all available sources of coverage, including your own uninsured/underinsured motorist policy.

The Three-Year Statute of Limitations

Under M.G.L. c. 260, § 2A, you generally have three years from the date of the accident to file a personal injury lawsuit in Massachusetts. If you miss that deadline, even by a single day, you lose the right to pursue compensation through the courts.

Three years may sound like plenty of time, but building a strong case takes months of investigation, medical documentation, and negotiation. Waiting too long also means that evidence fades, witnesses become harder to locate, and your own medical records may develop gaps that the insurance company can exploit. The chances of winning a personal injury lawsuit improve significantly when you begin building your case early.

What If You Were a Passenger?

If you were injured as a passenger in a car accident, your path to compensation looks slightly different. Passengers are rarely, if ever, at fault for a crash, which can simplify the liability question. However, determining which insurance policies apply and which driver bears responsibility can get complicated, especially in multi-vehicle accidents.

As a passenger, you may have claims against the at-fault driver’s insurance, the driver of the car you were riding in (if they share fault), and potentially your own PIP and uninsured motorist coverage. An attorney can help sort out which policies apply and pursue the maximum compensation available.

Car Accidents That Happen at Work

If you were driving for work when the accident happened, you may have both a personal injury claim and a workers’ compensation claim. Workers’ compensation covers medical bills and partial wage replacement regardless of fault, but it does not pay for pain and suffering. A third-party personal injury claim against the at-fault driver can help fill that gap.

These dual-track cases have specific rules about how recoveries interact, and mistakes can be costly. An attorney who handles both personal injury and workers’ compensation can coordinate the claims so that you do not leave money on the table or run into unexpected offsets.

Why Immigration Status Should Not Stop You From Filing a Claim

A car accident is stressful enough without the added worry of how your immigration status might affect your rights. Under Massachusetts law, every person injured in a car accident has the right to pursue compensation, regardless of immigration status. Insurance companies are not permitted to deny a claim based on a person’s citizenship or documentation.

Brooks Law Firm handles both personal injury and immigration cases, and our team understands the unique concerns that immigrant families face after an accident. If you are worried about how a legal claim might interact with a pending immigration case, or if you simply need someone who can explain the process in your language, we can help. We serve clients in English, Spanish, and Portuguese.

What To Do Next

Figuring out what to do after a car accident that was not your fault comes down to a few essential principles: get medical attention right away, document everything, avoid giving statements to the other driver’s insurance company without legal guidance, and talk to a lawyer before accepting any settlement offer.

Insurance companies are not looking out for your best interests, even when fault is clear. They have adjusters, algorithms, and attorneys whose job is to pay you as little as possible. Having your own advocate levels the playing field.

If you or a loved one was injured in a car accident caused by someone else’s negligence, contact Brooks Law Firm today at (617) 245-8090 for a free consultation. We will give you an honest look at where you stand and help you understand your options for moving forward.