Massachusetts Mandatory Auto Insurance Law (MGL ch. 90, § 34A)

Massachusetts requires every driver to carry four types of auto insurance, including no-fault Personal Injury Protection (PIP). PIP pays your medical bills and lost wages after a crash regardless of fault. MGL c. 90, Section 34A sets the minimum dollar amount for each required coverage and defines your rights when an insurer denies or limits a claim.

After a crash, most drivers assume their insurance will simply take care of things, but PIP benefits are capped at $8,000 per person. Once that is exhausted, you are left navigating co-pays, denied bills, and an insurer that may schedule an Independent Medical Examination hoping to cut off your benefits early.

The stakes go up because Massachusetts also limits your right to sue the at-fault driver for pain and suffering unless your injuries clear a specific legal threshold, and the rules for how PIP coordinates with your health insurance are easy to get wrong. Missing a step, like going out of network after your first $2,000 in bills, can cost you thousands of dollars in benefits you are otherwise entitled to.

In this article from our series on Massachusetts Law, you will discover what each mandatory coverage pays for, how PIP works with your health insurance, when you can sue for pain and suffering, and how a Massachusetts auto insurance lawyer can help if your PIP benefits are denied or cut off.

What Auto Insurance Is Mandatory in Massachusetts?

Massachusetts is a compulsory insurance state. That means you cannot legally register or drive a vehicle here without four specific types of coverage already in place.

• Bodily Injury to Others: Pays for injuries you cause to other people in an accident, providing liability coverage for their medical expenses and related losses.
• Personal Injury Protection (PIP): Covers your medical expenses and a portion of lost wages after a crash, regardless of who was at fault. Minimum: $8,000 per person.
• Bodily Injury Caused by an Uninsured Auto: Protects you if the at-fault driver carries no insurance. Minimum: $25,000 per person and $50,000 per accident.
• Property Damage Liability: Pays for damage your vehicle causes to another person's property. Minimum: $30,000 per accident.

For most crash victims, PIP is the first and most immediate coverage that matters.

What Is PIP in Massachusetts?

Personal Injury Protection is your no-fault medical and wage coverage. No-fault means it pays your bills after a crash without you having to prove the other driver was responsible.

You will hear people say PIP "follows the car, not the person." That means your PIP benefits come from the insurance policy on the vehicle you were riding in at the time of the crash, not necessarily your own personal auto policy.

Who Is Covered under PIP?

PIP covers more people than most drivers expect. The following are eligible to claim PIP benefits from a Massachusetts auto policy:

• The named insured and family members living in the same household
• Any authorized driver of the insured vehicle
• Passengers in the insured vehicle at the time of the crash
• Pedestrians and bicyclists struck by the insured vehicle
• Named insureds and household members struck on foot by a vehicle that carries no PIP coverage

Two important exceptions apply: motorcyclists are not covered by PIP, and neither are workers who are already eligible for workers' compensation for the same injuries.

"There is no question about this: If any family member or friend needs a great lawyer, I will refer them to David White." – Walid Dehni

What Does PIP Pay for?

Your $8,000 in PIP benefits is a combined total that can pay for three types of losses.

• Medical Expenses: Reasonable and necessary costs for medical treatment, surgery, hospital care, ambulance transport, dental care, nursing, and prosthetics resulting from the accident.
• Lost Wages: Up to 75% of your average weekly wages for the period you are unable to work because of your injuries.
• Replacement Services: Payments to someone outside your household for services you would normally perform yourself, such as childcare or cleaning, while you recover.

Once the $8,000 is exhausted, it is gone. How your private health insurance interacts with PIP determines how far those benefits stretch.

How Does PIP Work with Health Insurance?

The coordination between PIP and your private health insurance follows a specific legal sequence. Getting this right can protect thousands of dollars in benefits.

Here is how it works step by step:

1. PIP pays the first $2,000 of your medical bills, no questions asked.
2. Your health insurer pays next, once the first $2,000 is used, all remaining bills must go to your private health plan, such as Blue Cross Blue Shield, Aetna, or Harvard Pilgrim.
3. PIP covers the remainder, any portion your health plan denies, or any co-pay or deductible, can be resubmitted to PIP against the remaining $6,000.

One rule you cannot afford to ignore: if you go out of network for a service your health plan would have covered, neither your health insurer nor PIP will reimburse you. Stay in the network after the first $2,000.

If MassHealth or Medicare is your only coverage, the full $8,000 in PIP is available to pay your medical bills directly, the step-down rule does not apply.

One pattern we see consistently in Boston PIP claims is a health insurer denying a bill as out-of-network after the first $2,000 is exhausted, without ever explaining that the denial shifts the cost back onto the client rather than back onto PIP. We push insurers to document exactly why a service was denied so we know which of the two coverages actually owes the bill.

When Can PIP Be Denied?

There are three situations where the law allows an insurer to deny PIP benefits outright:

• You were driving under the influence of alcohol or drugs at the time of the crash.
• You were committing a felony or fleeing from lawful arrest.
• You intentionally caused injury to yourself or another person.

Outside of those exclusions, insurers use two additional tactics to cut off your benefits. They may schedule an Independent Medical Examination (IME), an exam performed by a doctor hired by the insurance company, and use that report to claim you no longer need treatment. Missing a scheduled IME can be treated as noncooperation, which gives the insurer a legal basis to stop paying altogether.

How Does No-Fault Affect My Right to Sue?

Because PIP pays your own medical bills regardless of who caused the crash, Massachusetts law limits your ability to sue the at-fault driver for pain and suffering in smaller injury cases. This restriction is called the tort threshold.

To recover pain and suffering damages from the driver who caused your injuries, the tortfeasor, meaning the at-fault party, at least one of the following must be true:

• Your reasonable and necessary medical expenses exceed $2,000.
• You suffered a bone fracture.
• You suffered permanent and serious disfigurement.
• You lost a body part or suffered the loss of sight or hearing.

If your injuries do not meet any of these thresholds, you can only recover your out-of-pocket economic losses from the at-fault driver. Serious injuries, fractures, amputations, significant scarring, brain injuries will almost always qualify.

What we see across the tort threshold disputes we handle out of Boston is that insurers frequently argue soft tissue injuries never cross the $2,000 medical expense line, even when a client's bills from Boston Medical Center or Tufts Medical Center clearly exceed it once imaging and physical therapy are included. We itemize every reasonable and necessary expense up front so that argument never gets off the ground.

What Is Mandatory Property Damage Coverage under Section 34O?

Section 34O sits alongside Section 34A and requires every Massachusetts driver to carry at least $30,000 in property damage liability coverage. This coverage pays for damage your vehicle causes to another person's car or property in a crash. It is the fourth and final piece of your compulsory insurance package.

In our experience handling property damage claims in and around Boston, insurers routinely lowball a total-loss valuation by comparing a vehicle to sale listings well outside Suffolk County where prices run lower. We push back with local comparable listings to get clients the actual replacement value their policy owes them.

What Are Massachusetts's Current Minimum Bodily Injury Limits?

For the first time in decades, Massachusetts raised its minimum bodily injury liability limits. The new amounts apply to any policy issued or renewed on or after July 1, 2025, so by now they are the standard minimum for virtually every Massachusetts policy.

Bodily injury liability is now $25,000 per person and $50,000 per accident, up from the old $20,000 and $40,000 minimums. Personal Injury Protection (PIP) remains $8,000 per person, and property damage liability remains $30,000 per accident.

The old limits were not enough to cover the real cost of a serious injury, and this change was long overdue.

What Steps Protect Your PIP Claim Right Away?

Taking the right steps in the days immediately after a crash can make the difference between benefits paid on time and benefits denied.

Identify the Right Insurance Policy

PIP benefits come from the insurer of the vehicle you were riding in. Get the other driver's policy information, but also identify the name and policy number of the insurer for your own car.

File the Application and Wage Forms

You must complete and sign an Application for PIP Benefits and return it to the insurer. If you lost time at work, your employer must also complete a wage verification form. Incomplete paperwork is the most common reason benefits are delayed.

Submit Bills and Track Your EOBs

Submit every medical bill to the PIP insurer right away. After the first $2,000 is paid, forward bills to your health insurer and keep every Explanation of Benefits (EOB) you receive, these documents confirm what co-pays and deductibles PIP still owes you.

Attend Every IME the Insurer Requests

Attending the insurer's Independent Medical Examination is required under your policy. Keep a written journal of your symptoms and how your injury affects your daily life to counter any report that claims you have already recovered.

Call a Lawyer before Benefits Are Terminated

If the insurer denies your bills or cuts off your benefits after an IME, you have the right to fight back. An attorney can file a legal demand for unpaid PIP, and in many cases the insurer is required to pay attorney's fees on top of the benefits owed. A consultation carries no risk to you.

"Marc is a skilled professional…When my case required attention Marc kept me focused and informed. When my case required tough negotiating, Marc delivered." – Bob Powell

Contact Breakstone, White & Gluck Today

We have secured significant recoveries for people whose lives were changed by someone else's negligence. That includes verdicts and settlements in cases involving ambulance negligence and serious pedestrian injuries from bus collisions. When you call us, you work directly with one of our founding partners, Marc L. Breakstone, David W. White, or Ronald E. Gluck.

We do not run TV ads or buy billboards. Our verdicts, our settlements, and our client reviews speak for themselves. If you were seriously injured in a Massachusetts crash, you should not be facing the insurance company alone. Call us today for a free consultation, you pay nothing unless we win.

Massachusetts Mandatory Auto Insurance FAQs

Is It a Crime to Drive without Mandatory Auto Insurance in Massachusetts?

Yes. Driving without the four required coverages is a criminal offense under MGL c. 90, § 34J, punishable by fines, a license suspension, and up to one year in jail.

Does PIP Cover a Bicyclist Struck by a Car?

Yes. Massachusetts law defines "pedestrian" broadly enough to include bicyclists, so if you are struck by an insured vehicle while riding your bike, you can file a PIP claim against that vehicle's insurance policy.

Do I Have to Pay Back PIP Benefits out of My Settlement?

Yes. Any PIP benefits already paid to you are deducted from any settlement or verdict you recover from the at-fault driver, this is called subrogation, meaning the PIP insurer has a legal right to recover what it paid from the at-fault driver's insurance proceeds.

What Is the Deadline to Submit a PIP Claim?

You must submit your claim as soon as practicable after the accident, and in all cases no later than two years from the date of the crash.

Can I Choose My Own Doctor and Have PIP Pay for It?

Yes, for the first $2,000 in medical bills, but after that you must treat with in-network providers for any services your health plan covers, or risk losing reimbursement from both insurers.

Does PIP Replace My Full Lost Wages?

No. PIP reimburses up to 75% of your average weekly wages, not your full salary, and only for the time you are genuinely unable to work because of your injuries.