When Can I Make a Bus Accident Claim in MA?

You can make a bus accident claim up to three years from the date the incident occurred in most cases. However, there are exceptions to this statute of limitations, depending on the entities involved, the type of harm inflicted, and other specifics.

It’s important to know that Massachusetts is a no-fault state. You usually file a claim with your own insurer, regardless of who caused the accident. This doesn’t alter the time limit or stop you from suing a negligent bus driver, but your policy may contain separate deadlines to consider.

If you were hurt in a bus accident, you may be entitled to significant compensation. Our team has recovered over $100 million for our clients. Call today for a free consultation and learn how our Massachusetts bus accident lawyers can help with your bus accident case.

No-Fault Insurance Claims in Massachusetts

Massachusetts follows a no–fault insurance system for car accidents. This means that after a crash, your own auto insurance company pays for your initial medical expenses, lost wages, and certain other out-of-pocket costs. 

Understanding how no-fault insurance works is important because it affects how and when you file a claim, and who is financially responsible after a bus accident. An attorney can help you understand both your insurance policy and any potential claims against others.

No-fault rules do not bar you from suing. If your injuries are serious, you may pursue a personal injury claim against the at-fault party, like a negligent bus driver or bus company. In that case, you can seek full compensation for your damages.

Statute of Limitations for Filing a Bus Accident Claim

Under Massachusetts General Laws Chapter 260, Section 2A, you have three years from the date of the accident to file a personal injury lawsuit against a private party. This includes bus drivers, private bus companies, and other non-government entities.

This rule applies whether you were a passenger, a pedestrian, or the driver of another vehicle. If you miss this deadline, you may lose your right to recover compensation.

However, the law includes some exceptions, and certain situations may extend or delay this deadline. It’s important to speak with a personal injury attorney as soon as possible to get advice on what to do after a bus accident and preserve your legal standing.

Bus Accident Claims Involving Government Entities

If the bus involved in your accident was operated by a public agency such as the Massachusetts Bay Transportation Authority, you must follow a separate legal process. Before you can sue, you must send a Presentment Letter to the agency. 

This letter gives formal notice of your claim and must be submitted within two years of the accident. After that, you still have to file your lawsuit within three years of the accident date. If you miss either of these deadlines, your claim may be dismissed.

Wrongful Death Claims After a Bus Accident

If a bus accident results in death, the family of the deceased may file a wrongful death lawsuit. In Massachusetts, you have three years from the date of death to submit a claim. Only specific family members are allowed to file, and an attorney can assist you in determining the best course of action. 

Bus Accident Claims Involving Children

When a child is injured in a bus accident, the law allows more time to file a claim. The statute of limitations is tolled, or paused, until the child turns 18. However, a parent or guardian can make a bus accident claim in MA on the child’s behalf sooner.

When Injuries Aren’t Immediately Obvious

Sometimes injuries from a bus accident don’t become apparent immediately. According to the discovery rule, the three-year deadline doesn’t begin until you know, or reasonably should have known, that you were injured and that another party may be legally responsible.

Other Situations That May Extend the Bus Accident Statute of Limitations

Massachusetts law allows for tolling the statute of limitations in a few other situations. For example, the deadline may be extended if:

• The defendant leaves the state, making service of the lawsuit impossible
• The injured person is mentally incapacitated
• There is fraudulent concealment, such as hiding the cause of the injury or the responsible party

These exceptions exist to make sure you don’t lose your right to sue because of obstacles outside your control.

Talk to a Bus Accident Lawyer to Protect Your Rights

You can make a bus accident claim in MA up to three years after the accident in most cases. However, the Massachusetts statute of limitations for personal injury cases can change depending on the circumstances of the accident. 

It is important to consult with an attorney to make sure you don’t lose your rights. Our team at GED Lawyers has been advocating for injured accident victims since 1995. Call today for a free consultation and tell us about your bus accident.