Total loss by formula
Car insurance claim rules in Massachusetts
The appraisal deadlines a Massachusetts insurer has to meet, how no-fault PIP works, when a car is a total loss, and the report you file within five days.
By Valoroath Editorial Team Updated 7 min read
In plain terms
Massachusetts times the damage side of a claim through its appraiser rules: the insurer must assign an appraiser within 2 business days of receiving your claim, and the appraisal is due within 5 business days after that. It may not steer you to or away from a repair shop. Injuries go first to your own personal injury protection, at least $8,000 per person, and you can sue for pain and suffering only past a $2,000 medical threshold or a serious injury. There is no total loss percentage in state law. If a crash injures anyone or causes more than $1,000 in damage, you must file a crash report within 5 days.
- Total loss rule
- Insurer's formula
- Insurer must decide
- Within a reasonable time
- Deadline to sue
- 3 years
- Fault system
- No-fault (PIP required)
Massachusetts claim rules on one sheet
- Total loss rule No percentage in law; insurer's formula c. 90D §20: total loss salvage when the insurer or owner determines it; value per 211 CMR 133.05.
- Insurer must acknowledge No fixed number; 'reasonably promptly' (c. 176D) Appraiser must be assigned within 2 business days of the claim (212 CMR 2.04).
- Insurer must decide Reasonable time after proof of loss; appraisal 5 business days after assignment PIP benefits unpaid after 30 days can be sued for (c. 90 §34M).
- Deadline to sue 3 years for injury and for property damage
- Fault system No-fault (PIP required); barred at 51% fault Pain-and-suffering suits need over $2,000 in medical expenses or a serious injury (c. 231 §6D).
- Police report needed Written copy to local police within 5 days if injury, death or over $1,000 damage
- State crash report Crash report to the Registrar within 5 days if injury, death or over $1,000 damage
A summary by Valoroath of the state's statutes and regulations, not an official document. The sources are listed at the end of this page.
The clock on a Massachusetts claim
Chapter 176D of the General Laws forbids failing to acknowledge and act reasonably promptly on claim communications and failing to affirm or deny coverage within a reasonable time after proof of loss is complete. It sets no number of days. The numbers come from the Auto Damage Appraiser Licensing Board's rules for appraising damaged cars, 212 CMR 2.04.
| Step | Deadline | Section |
|---|---|---|
| Assign an appraiser to your damage claim | 2 business days after receiving the claim | 2.04(1)(a) |
| Send the completed appraisal | 5 business days after assignment | 2.04(1)(e) |
| Inspect the car after the shop asks for a supplement | 3 business days after the request | 2.04(1)(h) |
The same rule bars an appraiser or insurer from referring you to or away from any repair shop, or requiring a specific shop, except under an approved direct payment plan. You choose the registered shop; its appraiser and the insurer's work out the cost. If your claim stalls after that, our page on claims that drag on shows how to put it in writing.
When a Massachusetts car is a total loss
Massachusetts law sets no repair-cost percentage. Under Chapter 90D, Section 20, a car becomes a total loss salvage vehicle when the insurer or owner determines it is one, and the title must be surrendered for a salvage title within 10 days of the settlement or acquisition.
- How value is set. Division of Insurance rule 211 CMR 133.05 requires the insurer to set actual cash value considering the retail book value of a like car, what you paid plus prior improvements less depreciation, any prior unrelated damage, and the cost of buying an available like car.
- If you keep the car, the appraiser gets bids from two licensed salvage companies and the average is the salvage value taken off your payment.
- Repairing a total loss. With the insurer's consent, you can keep the car and contract a registered shop to fix it; the insurer never pays more than actual cash value minus salvage value.
How to test a valuation is in our guide to total loss claims.
Reporting a Massachusetts crash
Under Chapter 90, Section 26, the driver of every car in a crash that kills or injures anyone, or causes more than $1,000 in damage to any one car or other property, must file a written report within 5 days. It goes to the Registrar of Motor Vehicles on the approved form, with a copy to the police department where the crash happened.
Call 911 if anyone is hurt. Your insurer will also ask for the report, so keep a copy of what you file and the date you filed it.
No-fault PIP and who pays
Massachusetts is a no-fault state for injuries. Personal injury protection pays medical costs and lost wages for the people it covers, up to at least $8,000 per person, with wage benefits set at 75% of average weekly wages (Chapter 90, Section 34A). If PIP benefits stay unpaid for more than 30 days, you can sue the insurer for them (Section 34M).
- The tort threshold: you can recover pain and suffering from the at-fault driver only if reasonable medical expenses exceed $2,000, or the injury causes death, loss of a body member, permanent and serious disfigurement, certain loss of sight or hearing, or a fracture (Chapter 231, Section 6D).
- Comparative fault: under Chapter 231, Section 85, you can recover if your fault is not greater than the fault of those you claim against, and your damages drop by your share.
- Car damage is outside no-fault: claim it from the at-fault driver's insurer or under your own collision coverage. See PIP and MedPay claims for the injury side.
Deadlines to sue and where to complain
Tort actions, including crash claims for injury and for damage to your car, must be started within three years after the cause of action accrues (Chapter 260, Section 2A). Settlement talks don't stop the clock.
- Ask the insurer in writing for the reason for a denial or a low offer and the policy language behind it.
- Call the Division of Insurance at (617) 521-7794 or toll-free at (877) 563-4467.
- File a complaint through the Division's insurance complaint page; our guide to insurance department complaints shows what to include.
Questions people ask
How long does a Massachusetts insurer have to appraise my car?
It must assign an appraiser within 2 business days of receiving the claim, and the completed appraisal is due within 5 business days of the assignment under 212 CMR 2.04.
Can my insurer make me use its repair shop in Massachusetts?
No. 212 CMR 2.04 bars appraisers and insurers from referring you to or away from a shop or requiring a specific shop, except under an approved direct payment plan.
What percentage of damage totals a car in Massachusetts?
State law sets no percentage. The insurer decides, and Division of Insurance rules govern how it sets the car's actual cash value.
Do I have to file a crash report in Massachusetts?
Yes, within 5 days, if anyone is killed or injured or damage to any one car or property exceeds $1,000. It goes to the Registrar with a copy to the local police.
Sources on record
- 212 CMR 2.04 — Appraisal of damaged motor vehicles (Auto Damage Appraiser Licensing Board)
- 211 CMR 133.00 — Standards for the repair of damaged motor vehicles
- General Laws c. 176D §3 — Unfair claim settlement practices
- General Laws c. 90D §20 — Total loss salvage vehicles
- General Laws c. 90 §26 — Crash reports
- General Laws c. 90 §34A — Personal injury protection
- General Laws c. 90 §34M — PIP payments
- General Laws c. 231 §6D — Tort threshold
- General Laws c. 231 §85 — Comparative negligence
- General Laws c. 260 §2A — Three-year limit for torts
- Massachusetts Division of Insurance
Facts on this page were checked against these sources on November 11, 2026. The appraisal deadlines come from a licensing board rule; your policy and any direct payment plan can add conditions of their own.
Ask a licensed agent to review your coverage
After a claim, the policy you had is the one you can still change. Describe your situation and Valoroath passes it to licensed insurance agents and insurers who can review your coverage and quote, if you want them to. Valoroath itself does not sell insurance or handle claims.
- 1 Five questions about your car, your record and your policy.
- 2 Who to ask for, and your consent to be contacted.
- 3 A licensed insurance agent or insurer reviews what you have. You change nothing unless you choose to.
Sending this request shares your answers and contact details with the licensed insurance agents and insurers who receive it, which some state privacy laws treat as a sale; see your privacy choices. An agent reviews your coverage; they can't take on your claim or a dispute with your insurer. You pay Valoroath nothing. The licensed insurance agents and insurers who contact you pay Valoroath for requests and set their own prices and terms; your claim stays with your insurer. How we make money.
Next in the file
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How claims work
PIP and MedPay claims
How your own policy pays medical bills after a crash, how no-fault thresholds work, and the deadlines.
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How claims work
Choosing a repair shop and parts
Your right to pick the shop, what the insurer's estimate must cover, and OEM vs. aftermarket parts rules.
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Claim dispute
Complaining to your state
When a complaint helps, how to find your insurance department, what to include, and what it can and can't do.