How long an accident stays on your record in Massachusetts depends on which insurance company you purchased your policy through and the specific details of the policy. However, the state sets a maximum time of six years for an accident to affect your premium unless the crash involved a serious criminal offense, such as a DUI or vehicular homicide. In those cases, an accident may stay on your record for longer.
If you believe your insurance company is treating you unfairly after an accident, a Massachusetts car accident lawyer can explain your legal options and help you negotiate. If you have a smaller portion of responsibility for the crash than another driver, the accident should not go on your record at all, and you may deserve financial compensation for your losses.
What Does it Mean When an Accident Is “On Your Record”?
Your history of causing accidents in the past is generally a good indication of how likely it is that you will cause accidents in the future. Therefore, insurance companies use your prior driving record to determine what level of risk it will pose them to insure you going forward. In general, someone with a clean driving record (no accidents or traffic violations) will pay less in insurance premiums than someone who has several infractions on their record.
If you cause a car accident, it can remain on your record for several years, meaning it will likely increase your insurance premium for that period. However, it will not affect you forever—under Massachusetts law, the maximum time it can affect how much you pay is six years in most cases.
Some insurers only reference the last three to five years when determining your premium. After that point, your prior accident will no longer affect your insurance premium. To find out exactly how long an accident will affect your premium, you can ask your insurance company or review your policy.
What Is the Massachusetts Safe Driver Insurance Plan (SDIP)?
Per 211 CMR 134.00, the Massachusetts Safe Driver Insurance Plan (SDIP) is a system that determines how much your insurance premium will increase for each accident or traffic rule violation. Each infraction is worth a certain number of “points,” depending on its severity. The more points you have on your record, the higher your premium will be.
On the other hand, if you can go at least five years without acquiring any points on your record, you may qualify for “excellent driver discounts.”
Auto insurance companies in Massachusetts can choose to use the SDIP point system, or they can create their own “merit rating plan.” All merit-rating plans must be approved by the Massachusetts Division of Insurance.
How Do Insurance Companies Determine Who Was at Fault for a Car Accident?
Per Mass. Gen. Laws ch. 231 § 85, Massachusetts follows a modified comparative negligence rule. This requires auto insurance companies to assign fault for car accidents in percentages.
If you played no role in causing a crash, the other driver will assume 100% responsibility for your losses. However, if you and the other driver were both negligent and your actions combined to cause the crash, the insurance adjuster will investigate and determine how much blame to assign to each of you.
Let’s say you were speeding when another car ran a red light and crashed into you. Because both you and the other driver broke the law, you will likely split the fault for the crash. For example, the insurer may determine you were 20% at fault while the other driver was 80% at fault.
What if the Accident Was Mostly the Other Driver’s Fault?
In general, only accidents for which you bear more than 50% of the fault will count against you on your driving record. If your Massachusetts personal injury lawyer can gather sufficient evidence to prove you are 50% or less at fault for the crash, you may be able to avoid an increase in your insurance premium.
In some cases, such as a rear-end crash in which you hit another vehicle from behind, your car insurance company may automatically assume you were at fault and put a surcharge on your premium.
If you believe the other driver was more negligent than you, you can appeal the surcharge within 30 days of receiving the notice, according to the Massachusetts Division of Insurance. If you win your appeal, you will receive a credit or refund from your insurer. Your car accident attorney can assist you with this process.
How Can a Massachusetts Auto Accident Lawyer Help Me Keep a Crash Off My Record?
If you believe an accident is unfairly affecting your insurance premium, our motor vehicle accident attorneys can gather evidence to prove the crash should not go on your record.
If you are less than 51% at fault for the crash, you may also qualify for a personal injury claim or lawsuit. However, your compensation will be reduced by your percentage of fault. For example, if you were 25% at fault and your damages total $100,000, you can still recover 75% of that amount, or $75,000.
A personal injury attorney from our team can:
- Ensure the adjuster assigns you a fair percentage of fault
- Help you file a claim with your Personal Injury Protection (PIP) policy to seek compensation for a portion of your medical expenses and lost wages
- Help you sue the at-fault driver for pain and suffering and other damages if you meet the state’s serious injury threshold (Mass. Gen. Laws ch. 231 § 6d)
- Negotiate for a fair settlement on your behalf
- Prepare you for trial in a mock courtroom
- Take your case to court, if necessary, to secure the compensation you deserve
Get a Free Car Accident Claim Consultation With GED Lawyers Today
At GED Lawyers, our personal injury law firm has a history of winning. We are dedicated to providing exceptional service and promise to be there for you when you need us.
We offer free consultations for car accident victims and work on a contingency basis, so reaching out to us costs you nothing up front. We will listen to your story, answer your questions, and explain how we can help. Contact us today to get started.
