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QuestionInsurance Question  A car rear ended me. The police man stated that the damage was under a $1000 and did not fill out a police report. This is in Massachusetts. The police officer said that since it is under a thousand dollars the other car is not liable and I would have to pay for the damage even though it was not my fault. Is this true?

AnswerAuto Insurance Answer

Even if this is considered a minor accident by the responding police officer and state of Massachusetts normally you can still place a claim with the at-fault party. For a rear-end accident the actual cost of the repair may be more than the estimate that the law enforcement officer gave you.

The officer may also been discussing other issues, such as the need for a Motor Vehicle Crash Report to be filed. Normally one uses this form to report a motor vehicle accident to the MA Registry of Motor Vehicles (RMV).

The RMV states you should file a report if you are the operator of a vehicle involved in a crash where the damage to any one vehicle or property is over $1000, or if there is an injury to any person, even if a police officer was on the scene. One should file the report within 5 days of the date of the crash.

The RMV does not that there are times when one should not file the Report. You should not file a report if the crash occurred on a private road, driveway, private parking lot or other private way.

The other driver should have property damage liability. The Commonwealth of Massachusetts requires this type of coverage. It pays for damage to another person's property and costs associated with the loss of use of that property, when you, a household member or another authorized driver cause an accident. A minimum limit of $5,000 is required.

The MA Division of Insurance (DOI) will surcharge a person, under the Safe Driver Insurance Plan, if they are involved in an auto accident in which their insurance company:

  • determines that they are more than 50% at-fault
  • pays out more than $500.00 on the claim and,
  • they fall into one of the Standard of Fault categories

According to the MA DOI listing for the Standard of Fault for a rear end collision, the operator of a vehicle subject to the Safe Driver Insurance Plan shall be presumed to be more than 50% at fault when operating a vehicle which is in collision with the rear section of another vehicle.

The DOI should be able to tell you more about the Massachusetts auto insurance claim procedures if you have questions about how to place a claim with the at-fault party's insurance carrier.

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