Massachusetts Hit and Run Law (MGL ch. 90, § 26)
Massachusetts hit and run law involves a criminal statute for fleeing drivers and an administrative reporting duty for everyone. Under MGL c. 90, Section 26, every driver in a crash, at fault or not, must file a written report within five days whenever anyone is hurt, killed, or property damage exceeds $1,000.
If a driver hit you and disappeared, you are left chasing basic facts. Who hit you? Were they insured? Will anyone be held accountable? Meanwhile, your own reporting deadline is running whether or not the other driver is ever found, and missing it can hand your insurer a reason to question your entire claim.
The confusion runs deeper because Section 26 is not the same law that punishes the driver who fled. That is a separate criminal statute, and satisfying one does not satisfy the other. Get the paperwork wrong, or miss the five-day window, and you can weaken both your uninsured motorist claim and your standing if the case ever heads to court.
In this Massachusetts Law article, you will discover what Section 26 requires, how to complete the CRA-23 crash report correctly, how it connects to your PIP and uninsured motorist coverage, and how a Massachusetts hit and run lawyer can help protect your claim after a driver flees.
What Is MGL c. 90 § 26?
Massachusetts General Law Chapter 90, Section 26, is the state law that requires you, the driver, to file a written report after a motor vehicle accident. You must submit this report to the Registry of Motor Vehicles (RMV) within five days when anyone is injured, anyone is killed, or property damage exceeds $1,000.
This law is about your duty to report. It is not the same as the criminal hit-and-run law, which is an entirely separate statute addressed later in this article.
The official form is the Motor Vehicle Crash Operator Report (form CRA-23), available on mass.gov. This report creates an official government record identifying who was involved, what happened, and whether any driver left the scene without stopping.
Who Must File?
The legal duty to file belongs to the operator, the person who was driving at the time of the crash, whether or not they caused the accident.
If the driver is physically unable to file due to crash-related injuries, the vehicle's owner must submit the report within five days, using whatever information they can gather.
- If another driver fled: A police department is required to accept your crash report even if the damage appears to be under $1,000, as long as the other driver unlawfully left the scene.
When Must You File?
The five-day reporting deadline is triggered the moment your accident meets any one of three conditions. The clock starts the day of the crash, not the day you feel ready.
You must file if your accident involved:
- Injury: Any person was hurt, including passengers, pedestrians, or bicyclists.
- Death: Any fatality resulted from the crash.
- Property Damage: More than $1,000 in damage to a single vehicle or piece of property.
Do not assume a minor-looking crash falls below the filing threshold. With today's repair costs, a dented bumper can easily exceed $1,000, which means this reporting duty applies more often than you might expect.
How Do You File the CRA-23 Crash Report?
The CRA-23 is available on mass.gov. It becomes your official account of what happened, and filing it accurately from the start is one of the most important steps you can take to protect your legal rights.
Gather Your Information First
Before you fill out a single line on the form, collect everything you have from the crash scene. The more detailed and documented your information is, the harder it is for an insurance company to dispute your account later.
You will need:
- Date, time, and exact location of the accident
- The other driver's name, license plate number, and insurance information
- Photos of all vehicles involved and any visible injuries
- Contact information for any witnesses
Complete Sections A Through K
The CRA-23 walks you through every relevant detail of the crash in sections labeled A through K:
- Section A: Crash location
- Section B: The vehicle you were driving
- Section C: You and your passengers
- Section D: Other vehicles involved
- Section E: Non-motorists such as pedestrians and bicyclists
- Section F: Road and weather conditions at the time of the crash
- Section G: A diagram of the crash scene
- Section H: Witness information
- Section I: Property damage
- Section J: Your written description of what happened
- Section K: Your signature
Section J deserves the most care. What you write there becomes a permanent part of the official record. Insurance company lawyers can compare it against your later medical records and testimony, so write only what you know for certain and leave out any speculation.
Where to Send Your Completed Report
Once you sign the form, send copies to all three of the following:
- Registry of Motor Vehicles, Crash Records, P.O. Box 55889, Boston, MA 02205-5889
- The local police department with jurisdiction over the crash location
- Your own auto insurance company
There is no fee to file.
One pattern we see often in Boston-area crash reports is Section J filled out in a rush at the scene, before pain or dizziness from a concussion has even set in. We have seen insurers seize on a client's own understated first description of their injuries months later, which is why we tell clients to describe only what happened, not how they feel, and let the medical records speak to the injuries.
Does a Police Report Replace Your Duty to File?
No, and this is one of the most common misunderstandings after a crash. A police officer's report is a separate document that does not fulfill your personal legal obligation under Section 26.
Even if officers responded to the scene, took statements, and filed their own detailed incident report, you are still required to submit the CRA-23 within five days. Both your operator report and the police report can each become critical evidence in a personal injury case.
What Happens If You Do Not File?
Failing to file has real and immediate consequences. The Registrar of Motor Vehicles has the authority to suspend or revoke your driver's license until you come into compliance. If your original submission was incomplete or inaccurate, the Registrar can also require you to submit a corrected supplemental report.
Beyond the RMV penalty, failing to file gives insurance companies a direct opening to challenge your claim. An insurer may argue that your failure to follow the law calls your entire account of the accident into question, and that argument is difficult to overcome once the five-day window has passed.
What we see consistently in Massachusetts hit-and-run claims is an insurer treating a late CRA-23 filing as an opening to challenge the entire loss, even when the delay had nothing to do with the facts of the crash. We move to file within days specifically to close off that argument before it ever gets made.
How § 26 Differs from the Criminal Hit-and-Run Law under § 24
Section 26 is an administrative reporting requirement. MGL c. 90, Section 24 is the criminal law that punishes drivers who flee the scene without stopping to identify themselves, and the consequences are in a completely different category.
| Section | Offense | Penalty |
| § 26 | Duty to file a written crash report | License suspension or revocation |
| § 24(2)(a) | Leaving the scene of property damage | Up to 2 years in jail and a fine of up to $200 |
| § 24(2)(a½)(1) | Leaving the scene after injuring someone | 6 months to 2 years in jail and a fine of $500–$1,000 |
| § 24(2)(a½)(2) | Leaving the scene after a fatality | 1–10 years in prison and a fine of $1,000–$5,000 |
Filing a crash report under Section 26 does not clear a criminal charge under Section 24. And a criminal charge under Section 24 does not remove your separate duty to file the CRA-23.
How § 26 Affects Your Insurance Claim
Your CRA-23 immediately becomes part of the paper trail that insurance companies and defense attorneys examine the moment a claim is filed. Any inconsistency between what you wrote on the form and what you later tell a doctor or say in a deposition is something the opposing side will use against you.
Timely, accurate filing also connects directly to the coverages that may protect you:
- Personal Injury Protection (PIP): Required by M.G.L. c. 90 § 34M on every Massachusetts auto insurance policy, PIP pays your initial medical bills and a portion of lost wages regardless of fault. It is your first line of financial protection after any crash.
- Uninsured Motorist (UM) Coverage): When a driver flees and cannot be identified, your own UM coverage is often your only real source of compensation for injuries. A timely crash report is essential evidence that the hit-and-run occurred.
- Three-Year Filing Deadline: Under M.G.L. c. 260 § 2A, most Massachusetts car accident injury lawsuits must be filed within three years of the crash date. Miss that deadline and you permanently lose your right to sue.
If the driver who hit you is never identified, the difference between a fully documented claim and an undocumented one can be the difference between a meaningful financial recovery and nothing at all.
Were You Hit by a Driver Who Fled?
Being hit and left behind is one of the most disorienting experiences a person can face. You are hurt, the driver is gone, and suddenly you are managing pain, missed work, and a growing pile of medical bills, all at once.
You should not face this alone. For over 30 years, Breakstone, White & Gluck has exclusively represented people injured by others' negligence throughout Massachusetts. We have recovered over $325 million for our clients. Every case is personally handled by one of our three founding partners, never handed off to a junior associate. We prepare every case as if it will go to trial, because that is how you get the best possible outcome.
All three partners hold the AV Preeminent rating from Martindale-Hubbell, the highest recognition for legal ability and professional standards. They have been consistently named Top 100 Super Lawyers in Massachusetts and New England.
Your job is to get better. Our job is everything else. We do not buy billboards or advertise on TV. Our verdicts, settlements, reviews, and reputation speak for themselves. Call us for a free consultation.
"So grateful to Marc for all this help and I would recommend him to anyone in need of a brilliant Personal Injury attorney." – Rebecca S.
Massachusetts Hit-and-Run Law FAQs
Does the CRA-23 Report Satisfy the Criminal Hit-and-Run Law under § 24?
No. Filing the crash report satisfies your administrative duty under Section 26 only; it is completely separate from the criminal offense of leaving the scene under Section 24, and filing one does not excuse or replace the other.
Can a Late CRA-23 Still Help My Uninsured Motorist Claim?
Yes, but file as soon as possible. A late report is better than none, but any delay gives an insurance company grounds to question whether the hit-and-run happened the way you described it.
What if I Was a Passenger in a Car Involved in a Hit-and-Run?
The filing duty falls on the driver, or on the vehicle's owner if the driver is incapacitated. As a passenger you are not required to file the CRA-23, but you should document everything you can and speak with a lawyer about your right to compensation.
Are Bicyclists and Pedestrians Required to File a § 26 Crash Report?
No. Section 26 applies only to the operator or owner of the motor vehicle involved. If you were struck as a pedestrian or bicyclist, the driver carries the filing obligation, not you.
Can the Written Description on My CRA-23 Be Used Against Me in Court?
Yes. What you write in Section J is part of the permanent official record and can be compared against your medical records and later statements by the opposing side. Be factual, be precise, and speak with an attorney before submitting if you have any uncertainty about what to write.