The aftermath of a car accident in Massachusetts often feels like a two-front war. On one side, you are managing physical pain, doctor’s appointments, and the recovery process. On the other, you are staring at a wrecked vehicle, wondering how you will get to work or drop the kids off at school.
A common misconception among Massachusetts drivers involves the state’s no-fault insurance label. While it is true that Massachusetts is a no-fault state for bodily injury—meaning your Personal Injury Protection (PIP) pays your medical bills regardless of who caused the crash—this rule generally does not apply to vehicle damage.
When metal crunches against metal, the rules change. Property damage claims usually follow traditional fault-based laws, meaning the person who caused the accident is responsible for the repairs. However, accessing that money is rarely simple. Insurance adjusters often delay payments, dispute the cost of repairs, or argue over the value of your vehicle.
If you are juggling injuries and vehicle repairs, this guide explains exactly who pays for what and how to maximize your recovery without getting lost in insurance red tape.
Massachusetts Car Accident Property Damage: The Basics
To get your vehicle fixed, you must first separate your injury claim from your property damage claim. In the insurance world, these are two distinct processes handled by different adjusters.
For your injuries, you turn first to your auto insurance policy under PIP coverage. For your car, you typically have two main options: filing a claim against the at-fault driver’s insurance (a third-party claim) or filing a claim against your collision coverage (a first-party claim).
The path you choose depends on the specifics of the accident, the other driver's insurance status, and how quickly you need the repairs completed.
Who Pays for Car Damage After an Accident in Massachusetts?
Determining who pays for car damage after an accident in Massachusetts starts with establishing fault. Unlike your medical bills, which are paid by your own insurer immediately, property damage liability rests on the shoulders of the negligent driver.
The At-Fault Driver’s Insurance
If the other driver clearly caused the crash, their insurance company should pay for your vehicle repairs. Massachusetts significantly increased its limits on liability for property damage on July 1, 2025. For any policy issued or renewed on or after this date, drivers must carry at least $30,000 in coverage per accident—a major shift from the previous $5,000 limit. When you file a claim against their policy, they are required to restore your vehicle to its pre-accident condition, up to their policy limits.
Your Collision Coverage
If the other driver disputes fault, is uninsured, or their insurance company is dragging its feet, you may choose to use your own collision coverage. This is often faster because you do not have to wait for a liability investigation. Your insurer pays for the repairs, minus your deductible. They will then pursue the at-fault driver’s insurer for reimbursement. If they succeed, you typically get your deductible back.
Navigating Massachusetts Car Accident Insurance Property Damage Claims
Once you report the accident, an adjuster will be assigned to assess the damage. This phase can be frustrating, as insurance companies are businesses aiming to minimize payouts.
The Appraisal Process
An appraiser will inspect your vehicle to estimate repair costs. You have the right to have your car repaired at the shop of your choice; the insurance company cannot force you to use their preferred facility. However, they will only pay what they determine to be the reasonable cost of repairs. If your shop charges more than the insurer’s estimate, you may be left paying the difference unless your shop negotiates a supplement with the adjuster.
Aftermarket vs. OEM Parts
A frequent point of contention in Massachusetts car accident insurance claims for property damage is the type of parts used. Insurers often write estimates for aftermarket parts (parts made by a third party, not the original manufacturer) to save money. If your vehicle is relatively new, or if aftermarket parts do not fit correctly, you may have grounds to demand Original Equipment Manufacturer (OEM) parts, though such an argument often requires a fight.
Injured with Car Damage in Massachusetts? How to Handle Both Claims
Navigating an injury and a car damage claim simultaneously after a Massachusetts accident is stressful. A recorded statement meant to address vehicle repairs can easily—and inadvertently—damage your personal injury case.
For example, an adjuster might ask, "How are you feeling?" while discussing the bumper repair. If you say, "I'm fine," simply out of politeness or because the adrenaline is masking your pain, they can use that soundbite later to deny your injury claim.
It is safer to keep the conversations strictly about the vehicle. If an adjuster asks about your health, politely refer them to your attorney. separating these conversations ensures that a simple property damage negotiation does not compromise your potential settlement for medical expenses and pain and suffering.
Who Pays for Car Repairs After a Car Accident in MA?
Ultimately, the check for repairs comes from one of two sources:
- Property Damage Liability (Part 4): The other driver's insurer pays 100% of the repair costs plus a rental car, with no deductible for you.
- Collision (Part 7): Your insurer pays for repairs, but you must pay your deductible upfront.
If the other driver is uninsured, you might rely on your collision policy. Note that under Massachusetts law, standard Uninsured Motorist (Part 3) coverage applies to bodily injury, not property damage. Unless you have specific collision coverage or a separate waiver of deductible provision, being hit by an uninsured driver can still leave you with out-of-pocket repair costs.
Rules for a Total Loss Car Accident in Massachusetts
Sometimes, the damage is too severe to repair. When this happens, you are dealing with a Massachusetts car accident claim for total loss.
Massachusetts uses a specific formula to determine if a car is totaled. Your vehicle is considered a total loss if the cost of repairs plus the "salvage value" (what the car is worth as scrap) equals or exceeds the vehicle's Actual Cash Value (ACV) before the accident.
The Total Loss Formula: Repair Costs + Salvage Value ≥ Pre-Accident Actual Cash Value
If your car is totaled, the insurance company owes you the Actual Cash Value, not the price you paid for the car or what you owe on your loan. This often creates a "gap" if you owe more to the bank than the car is worth.
Diminished Value Claim in Massachusetts: What You Need to Know
Even if your car is repaired perfectly, it now has a permanent accident record. When you go to sell or trade it in, a vehicle history report will show the crash, likely lowering its market value. This loss is called diminished value.
Historically, the rules for diminished value claims in Massachusetts have been complex. While you technically have the right to sue for this loss in third-party claims, insurance companies often fight back. Recent editions of the standard auto policy (specifically the 2016 update) introduced language that insurers often use to argue against paying for lost value.
While you can still legally claim these damages from the at-fault driver, their insurance company may deny the claim based on policy exclusions, forcing you to file a lawsuit to recover the money. This is a highly technical area of law where professional legal guidance is essential.
Getting a Rental Car After an Accident in Massachusetts: While Repairs Happen
If your car is undrivable following an accident, you will require a replacement vehicle. The regulations concerning a rental car after an accident in Massachusetts depend on which insurance company is responsible for the payment.
If the At-Fault Driver Pays
They are legally responsible for your loss of use. This means they must provide a rental car comparable to your vehicle for the reasonable time it takes to repair yours.
If You Use Your Insurance
You are only covered for a rental if you purchased Substitute Transportation (Part 10) on your policy. This coverage has daily limits (e.g., $30/day). If a rental costs $50/day, you must pay the difference.
Massachusetts Auto Insurance Property Damage Coverage Nuances
While Massachusetts auto policies are standardized, they often contain hidden traps for those who are not cautious.
- Statute of Limitations: You generally have three years from the date of the accident to file a lawsuit for property damage. This is the same timeline as injury claims.
- Storage Fees: If your car is towed to a lot, storage fees accumulate daily. You have a duty to mitigate damages, meaning you cannot leave the car there for weeks and expect the insurer to pay the full storage bill. You must move it or authorize repairs reasonably quickly.
At-Fault Car Accident Property Damage Scenarios in Massachusetts
If you are found to be more than 50% at fault for the accident, you cannot recover damages from the other driver. In this Massachusetts at-fault property damage scenario, you must rely entirely on your collision coverage to fix your vehicle. Your premiums will likely increase, and you will be responsible for your deductible.
If you are partially at fault—50% or less—your recovery will be reduced by your percentage of fault. For instance, if you were 20% responsible, the other driver's insurer is only required to pay 80% of your repair bill.
Why You Need a Massachusetts Car Accident Lawyer and Property Damage Expert
Many personal injury firms refuse to help with property damage claims because there is no profit in it for them—they only want the injury portion of the case. However, the two are deeply intertwined.
The photos of your crushed vehicle are evidence of the force of impact, which supports your injury claim. The statements you make to property damage adjusters can be used against you in your bodily injury case.
A comprehensive strategy for handling property damage claims in Massachusetts car accidents involves addressing the entire scope of the accident. While a lawyer may not take a fee from your property damage check, a full-service firm will guide you through the process to ensure you aren't taken advantage of while they fight for your injury compensation.
Third-Party Property Damage Claim Challenges in Massachusetts
Third-party insurers often use delay, deny, and defend tactics. They might claim your car had pre-existing damage or that the labor rate at your chosen shop is too high.
Common disputes include:
- Betterment: The insurer argues that putting a new part (like a tire or muffler) on an old car increases its value, so they ask you to pay a portion of the part cost.
- Total Loss Valuation: The insurer uses comparable cars from different regions or with higher mileage to justify a lowball offer on your totaled vehicle.
Recovering Injury Compensation and Vehicle Costs in Massachusetts
It is important to remember that settling your property damage claim does not close your injury claim. You can resolve the vehicle repairs quickly to get back on the road while keeping your injury compensation claim open until you have reached maximum medical improvement (MMI).
Never sign a release form that contains language like "release of all claims" if you only intend to settle the property damage. Insurance companies sometimes slip broad release language into property damage checks. If you sign it, you could accidentally waive your right to sue for your injuries.
Need Legal Help? Brandon J. Broderick, Attorney at Law, Is Just One Phone Call Away
Dealing with a wrecked car is stressful enough without the added weight of physical pain and aggressive insurance adjusters. You should not have to fight for fair repairs or fair compensation alone.
At Brandon J. Broderick, Attorney at Law, we value our clients and their peace of mind. We understand that your car is your lifeline to work and family, and your health is your most precious asset. Our team is dedicated to handling the complex details of your claim so you can focus on healing.
Contact us today if you have suffered an injury and are facing property damage disputes. We are ready to turn your setback into a comeback.