If you’ve been in a car accident in Massachusetts, one of the first calls you’ll make is to your insurance company. But before you assume that your insurer, or the other driver’s insurer, will take care of everything fairly, it’s important to understand how insurance carriers really look at accidents and injury cases.
Insurance companies are businesses looking to turn a profit, and one of the ways they do that is by minimizing what they pay out on claims, even valid ones. That’s why understanding how insurance carriers evaluate accidents is critical, especially in Massachusetts where no-fault insurance laws and comparative negligence rules come into play.
Insurance Companies Will Form an Opinion of Who Was at Fault
Massachusetts is a “no-fault” state when it comes to car insurance, meaning your own Personal Injury Protection (PIP) benefits cover up to $8,000 in medical bills and lost wages, regardless of who caused the crash. However, once your expenses and damages exceed the PIP limits or if your injuries are serious (e.g., broken bones, permanent impairment), the question of fault becomes central to your claim.
In order to recover compensation for your medical bills and expenses, lost wages, pain and suffering, you must be able to prove the other driver was negligent and caused the car accident. This is commonly referred to as liability. You must show the other driver is liable to you for your injuries and damages. When you are injured in a car accident in Massachusetts, you may not think there is any issue determining fault. However, even if it’s clear to you the other driver was at fault, insurance companies will try to shift some or all of the blame of the accident on you – even if the Motor Vehicle Police Crash Report is clear about who was at fault. Realize adjusters don’t necessarily agree with a police report. Insurance carriers will examine statements from parties and witnesses, analyze photos of the scene and damage, compare and contrast damage to both vehicles, and if available, obtain traffic camera or dash camera footage. They will look for any reason to deny a claim.
Remember, Massachusetts is a comparative negligence state, meaning that any compensation due to you can be reduced if you are found partially at fault. Even if the other driver was clearly negligent—texting, speeding, or running a red light—insurers may still try to assign partial blame to you. Under Massachusetts comparative negligence law (M.G.L. c. 231 § 85), if you’re found more than 50% at fault, you lose the right to recover damages. Insurance companies will use this to try to pay less than they should.
They Closely Scrutinize Medical Records
Your medical records are the cornerstone of your claim and insurance companies go through them with a fine-tooth comb. It’s critical to seek medical attention immediately after an accident and follow through with all recommended care.
For example, if you waited a week after the accident to see a doctor, the auto insurance company may argue that your injuries weren’t caused by the crash. That’s why in Massachusetts timing is critical. Seeing a doctor promptly not only supports your recovery, it protects your claim.
Additionally, the insurance company may go back into your medical history for any complaints of the injury you have now that may have been pre-existing or previously complained of. They’ll even scrutinize statements you make to your medical providers that suggest you are fine or that you are able to complete routine tasks.
They Rely on Software to Value Your Claim
Most major insurers in Massachusetts use claim evaluation software (like Colossus) to assign dollar values to your injuries. These programs weigh the duration of treatment, the type of medical provider (such as orthopedic specialist vs. chiropractor), diagnostic test findings, loss of function or evidence of permanent disability. The software often undervalues claims with soft-tissue injuries or subjective pain, common in rear-end collisions. Without strong advocates like the experienced Framingham car accident lawyers at Mahaney Pappas, LLP, you could receive an offer far below what your case is worth.
Insurance Companies Use Many Tactics to Undervalue Your Case
Insurance companies are in the business of protecting their bottom line—not looking out for your best interests. After a car accident, they may seem cooperative at first, but many injured individuals quickly discover how difficult insurers can become. From offering a quick, lowball settlement before you understand the full extent of your injuries, to dragging out the process with unnecessary delays and paperwork, these companies often use calculated tactics to wear you down and pressure you into settling for less than you deserve. In some cases, they may even outright deny liability, hoping you’ll simply give up.
That’s exactly why having a skilled and experienced Massachusetts car accident lawyer on your side is so important. Insurance companies know who they’re dealing with. When you’re represented by a respected Massachusetts car accident attorney – with a reputation for holding insurers accountable – they’re far less likely to play games or offer insulting settlements. They understand that experienced legal counsel won’t tolerate delay tactics or bad faith, and that your attorney is fully prepared to take the case to court if needed.
Hiring a strong legal advocate levels the playing field and gives you the leverage you need to pursue fair and full compensation. Your attorney can take over all communication with the insurance company, ensure your rights are protected, and build a strong claim backed by medical evidence, expert opinions, and legal strategy. In a time when you should be focusing on healing, let your lawyer handle the fight—and give the insurance company a reason to take your claim seriously from day one.
Bottom Line – Protect Yourself After a Car Accident in Massachusetts
Insurance companies in Massachusetts have teams of adjusters, lawyers, and claims analysts working to reduce what they pay. If you’ve been seriously injured in a crash, don’t expect the process to be fair or straightforward.
At Mahaney & Pappas, LLP, we know how insurance companies operate—and we don’t let them take advantage of our clients. We’ve been representing injury victims across Boston, Framingham, Worcester, and the MetroWest area for decades, helping them recover the full compensation they deserve.
Whether you were hit by a distracted driver on Route 9, involved in a crash on the Mass Pike, or rear-ended in a local parking lot, we’re here to help. Contact us today at (508) 879-3500 or contact us online for a free consultation — and let us handle the insurance company while you focus on healing.
Our Framingham car accident attorneys have helped countless clients across Massachusetts stand up to insurance companies and recover what they’re owed. We offer a no deposit, no retainer contingent fee agreement, which means we don’t get paid unless you win.