If you're involved in a car accident in Massachusetts, it's essential to follow the correct procedures to ensure a smooth claims process. Many drivers are unaware of their rights regarding towing and often forget to remove personal belongings from their vehicle, leading to unnecessary stress. Here’s what you need to do immediately after an accident in Massachusetts, including key details about towing regulations and protecting your belongings.
1. Prioritize Safety First
Check for injuries and call 911 if medical attention is needed.
If possible, move your car to a safe location to prevent further accidents.
Massachusetts law requires drivers to report any accident involving injury, death, or over $1,000 in property damage to the Massachusetts RMV and local police within five days.
2. Gather Necessary Information
Exchange insurance and contact details with all involved drivers.
Note vehicle descriptions, license plates, and location details.
Take photos of the damage, road conditions, and relevant traffic signs.
If there are witnesses, get their names and contact information.
If police respond, request a copy of the accident report—it may be required for your claim.
3. Notify Your Insurance Company
Report the accident to your insurer as soon as possible.
Massachusetts is a no-fault state, meaning your own insurance covers medical costs (through Personal Injury Protection (PIP), regardless of who caused the accident.
If damage exceeds your policy’s limits or liability is disputed, the at-fault driver’s insurance may be responsible.
4. Remove All Personal Belongings – Do Not Leave Items in the Vehicle
One of the most important but overlooked steps after an accident is removing all valuables from your car before it is towed. Why is this crucial?
Tow yards and insurance companies are NOT responsible for lost or stolen items.
Accessing your car at a storage lot may require fees or delays.
Items like wallets, phones, laptops, documents, sunglasses, or clothing can be stolen if left inside.
Before your car is towed, make sure you remove everything important. If you are unable to do so due to injuries, ask a trusted friend or family member to assist.
5. Know Your Towing Rights in Massachusetts
Who Chooses Where the Car is Towed?
You have the right to decide where your car is towed. Massachusetts law does not allow tow companies to take your car without your consent.
If you have collision coverage, your insurer may prefer your vehicle to be taken to an approved repair shop.
If law enforcement orders a tow (for blocking traffic or safety reasons), your car may be towed to a police-approved tow yard, but you can request a transfer.
Towing Regulations & Costs:
Towing fees in Massachusetts are regulated by state law to prevent overcharging.
If your car is towed and stored in a lot, you may be charged daily storage fees, so arrange pickup or repairs as soon as possible.
Some insurance policies cover towing costs—check your policy or roadside assistance benefits.
Avoid Unauthorized Tows:
If a tow truck arrives without your request, confirm who they are working for.
Always get a receipt and know where your car is being taken before agreeing to a tow.
If an unauthorized tow occurs, report it to the Massachusetts Department of Public Utilities (DPU), which regulates towing companies.
6. Follow Up on Your Claim
Once your car is at a repair shop or storage facility, stay in contact with your insurer.
They will assess damages, provide an estimate, and guide you through repairs or settlement options.
In Massachusetts, if your car is totaled, the insurer must offer you the fair market value of your vehicle based on industry standards.
Handling an auto claim in Massachusetts requires quick action and awareness of your rights. By following these steps—securing your belongings, understanding your towing rights, and staying in contact with your insurer—you can make the process much smoother and avoid unnecessary complications.
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