Hit as a pedestrian or cyclist in Massachusetts: what to do

Checked against official sources: Oct 24, 2026

In Massachusetts:

Notice or claim deadline for your own PIP / no-fault benefits
Every policy must include $8,000 of personal injury protection (PIP) per person.
Written notice of claim before suing a city, county, state or other government body
Before suing a Massachusetts public employer (state, city or town) for negligence, you must first give a written claim to its executive officer within 2 years (for a city or town, for example the…
Do this now
Call 911. If you are hurt, stay still until help arrives unless you are in danger where you are.

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General legal information, not legal advice. RobinClaim is not a law firm.

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Your plan for Massachusetts

Do now

  1. Call 911. If you are hurt, stay still until help arrives unless you are in danger where you are.

    Why: Head, neck and internal injuries are common when a car hits a person and may not be felt right away.

  2. Let paramedics check you, and go to the ER or a doctor the same day even if you feel OK.

    Why: Medical records made right after the crash connect your injuries to it.

  3. Get the driver's name, phone, address, driver's license number, plate number, and insurance company and policy number. Photograph their license, insurance card and plate.

    Why: You need the driver's insurer to make a claim.

  4. Tell police right away that the driver left, and give every detail you remember about the car (make, color, partial plate, direction) and the witnesses' contacts.

    Why: Leaving the scene is a crime, and a prompt police report is often required for an uninsured motorist claim for a hit-and-run.

  5. If you can, photograph the scene: crosswalk, signals, signs, lighting, the car, your injuries, and where you and the car ended up. Get witness names and phone numbers.

    Why: Who had the right of way is often disputed; photos and witnesses help show it.

  6. Ask the officer for the report number and how to get a copy of the report.

    Why: Insurers use the police report to decide fault.

  7. Keep your bike, helmet, lights and damaged clothing as they are; do not repair or throw them away yet. Photograph them.

    Why: They are evidence of how the crash happened and part of your property damage claim.

This week

  1. Read your state's rule below on who pays PIP (no-fault) benefits to a pedestrian or cyclist, and file that claim in writing.

    Notice or claim deadline for your own PIP / no-fault benefits

    Massachusetts: Every policy must include $8,000 of personal injury protection (PIP) per person.

    Why: In some states, PIP from your own policy, a household member's policy, or the policy on the car that hit you pays your medical bills first, whoever was at fault, and claims have short deadlines.

  2. Open an injury claim with the driver's insurer, and ask for the claim number and adjuster. You do not have to give a recorded statement right away.

    Why: If the driver was at fault, their liability insurance pays your medical bills, lost wages, pain and suffering and damaged property, usually in a settlement at the end.

  3. If you or someone in your household has car insurance, call that insurer and ask whether your uninsured motorist, medical payments or PIP coverage covers you when you are walking or biking.

    Why: Whether these coverages apply to you outside a car depends on your state and the policy wording, so ask and get the answer in writing.

  4. Give your health insurance to every provider and keep every bill, record and receipt. See the plan on who pays medical bills after a crash for health plan repayment rules.

    Why: Health insurance can pay while the auto claims are open, but it may ask to be repaid from a settlement.

  5. Get the police report. If it has mistakes about the facts, ask the police department how to add your statement or request a correction.

    Why: Insurers rely on the report, and a wrong fact (for example, which way the light was) can hurt your claim.

  6. Ask nearby businesses, homes and the city or transit agency to keep any camera video of the crash (template below). Ask quickly.

    Why: Many systems record over video within days or weeks.

  7. Get a written repair estimate or replacement price for your bike and gear, and keep receipts for any rides, medical devices and other costs.

    Why: You can claim property damage and costs you can prove.

  8. Find out which government body owns the vehicle (city, county, transit agency, state) and check your state's notice-of-claim deadline below; file the written notice on time.

    Why: Before suing a government body, most states require a written notice within a short time, sometimes 90 days or 6 months.

  9. Get the company's name and its insurer from the police report or the driver; for a rideshare, report it in the app and ask for the claim contact.

    Why: A company vehicle or a rideshare trip may have commercial insurance with higher limits.

If it's not resolved

  1. If the insurer says you were partly at fault (for example, you were outside a crosswalk, or riding without lights), check your state's comparative fault rule below.

    Why: In most states your share of fault reduces what you get; in a few, any fault can bar you (DC has an exception for pedestrians and cyclists).

  2. Do not settle until your treatment is finished or your doctor can say how you will recover, and check any health plan repayment claim first.

    Why: A signed release usually ends your claim.

  3. If an insurer delays or denies payment without a clear reason, see the plan for a denied insurance claim and complain to your state insurance department.

    Why: State insurance departments handle these complaints for free.

  4. For bike or other property damage the driver's insurer won't pay, you can sue the driver in small claims court up to your state's limit.

    Why: Small claims is low-cost and built for people without lawyers.

  5. Watch your state's deadline to sue for a personal injury. Talk to a lawyer well before it.

    Massachusetts: 3 years

    Why: After the deadline you usually lose the right to sue.

Deadlines

Notice or claim deadline for your own PIP / no-fault benefits

General rule: Set by your policy and, in some states, by law (for example, a written no-fault claim within 30 days in New York; first medical care within 14 days to use PIP medical benefits in Florida; 60 days to choose PIP benefits in DC). See state.

In Massachusetts:

Every policy must include $8,000 of personal injury protection (PIP) per person. It pays medical bills, up to 75% of lost wages and replacement services, whoever caused the crash (Division of Insurance). You can sue the other driver for pain and suffering only if your reasonable medical expenses are over $2,000, or the injury causes death, loss of a body part, permanent and serious disfigurement, loss of sight or hearing, or a fracture. You still claim damage to your car from the driver who caused the crash (or their insurer).

Law: M.G.L. c. 90, §§ 34A, 34M; c. 231, § 6D · checked Oct 2026 · Official source · From Accident Claim Map: Massachusetts

Written notice of claim before suing a city, county, state or other government body (for example, a crash with a government vehicle or bus)

General rule: Often much shorter than the deadline to sue (for example, 90 days in New York, 6 months in California and DC). See state.

In Massachusetts:

Before suing a Massachusetts public employer (state, city or town) for negligence, you must first give a written claim to its executive officer within 2 years (for a city or town, for example the mayor, town manager or city/town clerk; for the state, the Attorney General). If it isn't denied in writing within 6 months, it counts as denied. You must still sue within 3 years of the crash (M.G.L. c. 258, § 4).

Law: M.G.L. c. 260, § 2A · checked Oct 2026 · From Accident Claim Map: Massachusetts

Deadline to sue for a personal injury

General rule: see state

In Massachusetts:

3 years

checked Oct 2026 · From Small Claims Map: Massachusetts

Deadline to sue for damage to your car or other property

General rule: see state

In Massachusetts:

3 years

checked Oct 2026 · From Small Claims Map: Massachusetts

Report a hit-and-run to police (often required for an uninsured motorist claim)

General rule: As soon as possible; some states and policies require it within 24 hours. See state.

In Massachusetts:

Your policy must include Bodily Injury Caused by Uninsured Auto, which covers you, household members and passengers if an uninsured or hit-and-run driver injures you. Damage to your car from an uninsured driver is covered only if you have collision or other optional coverage.

checked Oct 2026 · From Accident Claim Map: Massachusetts

Key facts for Massachusetts

RobinClaim

PIP for pedestrians and cyclists
The PIP on the vehicle that hit you pays a pedestrian it struck; for PIP, 'pedestrian' includes people on bicycles and tricycles. If the vehicle that hit you had no PIP, your own PIP covers you and members of your household. PIP must provide at least $8,000 per person; people entitled to workers' compensation for the injury are excluded. Law: M.G.L. c. 90, § 34A · Official source

checked Oct 2026

Accident Claim Map

Fault or no-fault state
No-fault
Shared fault rule
Modified (51% bar)
Deadline to sue: injury
3 years
Deadline to sue: car damage
3 years

Accident Claim Map: Massachusetts · checked Oct 2026

Small Claims Map

Most you can sue for
$7,000
Court
small claims court
Filing fee
$40–$150
Lawyers
Optional

Small Claims Map: Massachusetts

Documents to gather

  • Police report number and copy
  • Driver's name, license, plate, insurance company and policy number
  • Photos of the scene, signals, the car, your injuries, and your bike and gear
  • Witness names and phone numbers
  • Medical records and itemized bills
  • Your (or your household's) auto policy declarations page
  • Receipts and estimates for your bike, clothing, phone and other property
  • Letters you sent asking businesses or agencies to keep video

Letters you can send

Fill in the boxes; the letter updates as you type. When every box is filled, download it as a PDF.

Request to keep camera video of a crash

Ask a business, property owner or public agency to save camera footage of the crash before it is recorded over.

[Date of the letter]

To: [Who you are writing to (name or office)]
[Their mailing address]

On [Date of crash] at about [Time of crash], I was hit by a car at [Crash location]. Police report: [Police report number].

Your cameras may have recorded the crash. Please save any video from 30 minutes before to 30 minutes after that time and do not let it be recorded over. Please tell me how I, the police or an insurer can get a copy, and whether you need a written request from the police.

Thank you.

[Your name]
[Your address (where they should reply)]
[Your phone]
[Your email]

By downloading, you agree that we save the details you entered, as explained in our Privacy Policy.

Sign it, keep a copy, and send it by certified mail with a return receipt so you can prove it was delivered.

Notice of injury and property claim to the driver's insurer

Tell the driver's insurer in writing that you were hit while walking or biking and are making a claim.

[Date of the letter]

To: [Insurer name]
[Their mailing address]
Re: Your insured [Insured name], crash on [Date of crash] at [Crash location], police report [Police report number], claim [Claim number]

On [Date of crash], your insured's vehicle hit me while I was walking or riding at [Crash location]. My injuries include: [Injury description]. Damaged property: [Property damage]. I am still being treated.

I am making a claim for my injuries and property damage, and for any PIP or medical payments benefits your policy provides to a pedestrian or cyclist. Please confirm the claim number and adjuster in writing, tell me which coverages apply, and send any settlement proposal or release to me in writing.

[Your name]
[Your address (where they should reply)]

By downloading, you agree that we save the details you entered, as explained in our Privacy Policy.

Sign it, keep a copy, and send it by certified mail with a return receipt so you can prove it was delivered.

Where to go

  • Local911 / police

    Right away, and to report a driver who left

  • StateYour state insurance department (consumer complaints)

    An insurer delays, underpays or denies your claim without a clear reason

    Check your state.

  • LocalThe government body that owns the vehicle (claims office)

    A city bus or other government vehicle hit you: file the written notice of claim

    Check your state.

  • LocalSmall claims court in your state

    The driver will not pay a small claim (for example, your deductible or bike repair)

    Small Claims Map: Massachusetts

  • FederalLegal aid (Legal Services Corporation finder)

    You cannot afford a lawyer and need advice

Costs

PIP, medical payments, uninsured motorist and liability claims cost nothing to file. Small claims filing fees are usually tens of dollars (see the smallclaimsmap link for your state), and you can ask the court to waive them if you cannot afford them. Injury lawyers usually work on a contingency fee (a share of what you recover); ask for the terms in writing.

Talk to a lawyer if

  • You were seriously hurt or someone died
  • The driver's insurer says you were partly or fully at fault
  • A government vehicle, bus, commercial truck or rideshare was involved
  • The driver left and was not found, and your insurer disputes uninsured motorist coverage
  • You live in a state where any fault on your part can bar recovery
  • Your losses are larger than the driver's insurance limits, or your deadline is close

Free help

Free legal aid: the Legal Services Corporation's 'I Need Legal Help' page (lsc.gov) finds the legal aid office for your area, and LawHelp.org lists free legal help by state. Many state bar associations run lawyer referral services with low-cost first meetings. Your state attorney general or consumer protection office takes consumer complaints for free (find it on USA.gov).

Guides for your state

Guides for every state

Questions

Notice or claim deadline for your own PIP / no-fault benefits in Massachusetts: what is the rule?

Every policy must include $8,000 of personal injury protection (PIP) per person. It pays medical bills, up to 75% of lost wages and replacement services, whoever caused the crash (Division of Insurance). You can sue the other driver for pain and suffering only if your reasonable medical expenses are over $2,000, or the injury causes death, loss of a body part, permanent and serious disfigurement, loss of sight or hearing, or a fracture. You still claim damage to your car from the driver who caused the crash (or their insurer). (M.G.L. c. 90, §§ 34A, 34M; c. 231, § 6D)

Written notice of claim before suing a city, county, state or other government body in Massachusetts: what is the rule?

Before suing a Massachusetts public employer (state, city or town) for negligence, you must first give a written claim to its executive officer within 2 years (for a city or town, for example the mayor, town manager or city/town clerk; for the state, the Attorney General). If it isn't denied in writing within 6 months, it counts as denied. You must still sue within 3 years of the crash (M.G.L. c. 258, § 4). (M.G.L. c. 260, § 2A)

What is the deadline to sue for a personal injury in Massachusetts?

3 years

What is the deadline to sue for damage to your car or other property in Massachusetts?

3 years

Report a hit-and-run to police in Massachusetts: what is the rule?

Your policy must include Bodily Injury Caused by Uninsured Auto, which covers you, household members and passengers if an uninsured or hit-and-run driver injures you. Damage to your car from an uninsured driver is covered only if you have collision or other optional coverage.

When should I talk to a lawyer?

You were seriously hurt or someone died; The driver's insurer says you were partly or fully at fault; A government vehicle, bus, commercial truck or rideshare was involved; The driver left and was not found, and your insurer disputes uninsured motorist coverage; You live in a state where any fault on your part can bar recovery; Your losses are larger than the driver's insurance limits, or your deadline is close.

How much does it cost?

PIP, medical payments, uninsured motorist and liability claims cost nothing to file. Small claims filing fees are usually tens of dollars (see the smallclaimsmap link for your state), and you can ask the court to waive them if you cannot afford them. Injury lawyers usually work on a contingency fee (a share of what you recover); ask for the terms in writing.

Plans by state

Open the plan with one state's rules filled in:

Sources

All sources (23)

Plan checked Oct 2026. Independently fact-checked 2026-10-24.

This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.