What Car Insurance Do I Need in Massachusetts?

Any vehicle registered and operated in Massachusetts must be insured with the following minimum types and amounts of coverage:

• $20,000 "Bodily Liability to Others" coverage per person (when the insured driver causes a car accident); applies only to accidents in Massachusetts
• $40,000 total "Bodily Liability to Others" coverage per accident caused by the insured driver (regardless of how many people are injured); applies only to accidents in Massachusetts
• $5,000 liability coverage for property damage (per accident caused by the insured driver)
• $8,000 in no-fault (personal injury protection) coverage, and
• uninsured motorist coverage (for injuries resulting from an accident caused by an uninsured or hit-and-run driver) at $20,000 per person/$40,000 total per accident.

Let's explore these car insurance coverage requirements in Massachusetts and explain what you'll need to know if you're in a car accident.

Is Massachusetts a No-Fault Car Insurance State?

Yes. Massachusetts is one of a dozen or so states that follow some form of a "no-fault" car insurance system. Under no-fault, after a car accident, your own car insurance coverage (specifically, your "personal injury protection" or "medical payments" coverage) pays for medical treatment and other out-of-pocket losses incurred by anyone covered under the policy, up to coverage limits, regardless of who caused the accident.

Who Is Covered Under Massachusetts No-Fault Car Insurance?

Your no-fault or PIP coverage will apply to:

• you (the owner of the vehicle)
• anyone who has your permission to drive your vehicle
• any passenger riding in your vehicle, and
• any pedestrian injured by your vehicle

What Does Massachusetts No-Fault Car Insurance Cover?

Your Massachusetts PIP coverage will pay for the following kinds of losses resulting from a car accident, but only up to a limit of $8,000:

• medical bills stemming from the car accident
• up to 75% of lost income due to your inability to work, and
• "replacement services" (for someone to take care of household chores that you're unable to perform because of the accident, for example).

One key thing to know when it comes to compensable losses after a car accident is that with PIP/no-fault, you can't get compensation for your "pain and suffering" and other non-monetary damages resulting from the accident.

In order to step outside of the no-fault system and file a third-party insurance claim or lawsuit against the at-fault driver (so that "pain and suffering" and other non-economic losses are on the table) your injuries must meet certain thresholds set by state law (we'll look at the details in the next section).

Does Massachusetts No-Fault Car Insurance Cover Vehicle Damage?

No. The Massachusetts' no-fault car insurance system applies to injuries caused by car accidents, but not to vehicle damage claims. A claim for damage to (or total loss of) a vehicle can be made against the at-fault driver's liability coverage in Massachusetts, with no limitations.

Stepping Outside of "No-Fault" in Massachusetts

As touched on above, in order to step outside of Massachusetts' no-fault car insurance claim system and pursue a claim against the driver who caused the car accident:

• the injured person must have incurred at least $2,000 in reasonable medical expenses, and/or
• injuries resulting from the accident must include permanent and serious disfigurement, fractured bone, or substantial loss of hearing or sight.

If your injuries qualify under this definition, you're not limited to a no-fault claim under your own policy. You can hold the at-fault driver responsible for the accident via a third-party car insurance claim or personal injury lawsuit, and you can pursue compensation for all categories of losses, including pain and suffering and all other available non-economic damages (which, again, aren't available in a no-fault/PIP claim).

Now that you understand how no-fault car insurance works in Massachusetts, let's look at the state's requirements for different kinds of car insurance coverage.

Should I Buy "Optional Bodily Injury to Others" Coverage In Massachusetts?

If you're found responsible for causing a car accident in Massachusetts, and other people's injuries and other losses exceed the liability limits of your car insurance policy (which isn't all that far-fetched a possibility if you've only met the minimum coverage requirements), you may find yourself personally responsible for making up the difference.

One thing you can do to protect yourself in this scenario is purchase what's often called "Optional Bodily Injury to Others" coverage, which:

• raises your liability coverage limits to $35,000 per person/$80,000 total per accident you cause
• provides bodily injury coverage for passengers in your car, and
• covers you for accidents you cause outside Massachusetts.

Collision Coverage Is Optional in Massachusetts

You're not required to carry any kind of insurance for damage to your own vehicle in Massachusetts. And since no-fault doesn't cover vehicle damage, a driver who wants insurance coverage that will pay for repairs or replacement of a damaged vehicle must buy additional coverage, known as collision (for accidents involving another vehicle) and comprehensive (for accidents involving weather, animals, or objects). If you lease or finance a vehicle purchase, you may be required to add collision coverage to your policy.

What Happens If I Drive Without Insurance in Massachusetts?

If you're convicted of driving without insurance in Massachusetts, you can face:

• a fine of at least $500, and
• an order to pay an amount equal to one year's premium for mandatory car insurance at the highest market rate (based on location and driver risk) at the time of the offense.

Get More Information and Help

Learn more about auto insurance in Massachusetts and check out these FAQs about Massachusetts auto insurance claims (both from Mass.gov). And if you've been in a car accident, especially if your injuries are significant, you might want to learn more about your options under Massachusetts law. See how an attorney can help with your car accident case.