Do You Need a Police Report to File a Car Accident Claim in MA?

Accident victims in Massachusetts do not need to file a police report to pursue a personal injury claim. However, drivers involved in certain Massachusetts crashes must file a written crash report (CRA-23) with the RMV and send a copy to the police department with jurisdiction.

Drivers should call the police if they are involved in a collision so the police can help anyone who is hurt and investigate the accident. If the police are called, they will normally prepare and file a police report with their department.

At Santoro & Gray, our car accident lawyers are here if you have any immediate questions about the RMV filing requirement and other car accident issues. We can review your obligations, such as notifying your car insurance company, explain your rights, and guide you through each step of the claims process.

When do drivers involved in car accidents in Massachusetts need to file an accident report (the CRA-23 form)?

Massachusetts law (M.G.L. Chapter 90, Section 26) requires that any driver involved in a car accident must file form CRA-23 with the Massachusetts Registry of Motor Vehicles (RMV) within five days from the date of the accident if the car accident:

• Results in the death of anyone, such as a car occupant, pedestrian, or bicyclist.
• Results in anyone suffering injuries.
• Results in property damage, such as to a vehicle, that is more than $1,000.

Drivers are not required to file the CRA-23 form if property damage is less than $1,000, but may choose to do so for documentation purposes.

If the operator is physically incapable of making the report, the vehicle’s owner must file the report within five days after learning of the accident and obtaining sufficient information about it.

What happens if a driver fails to file a CRA-23 form with the RMV within the required time frame?

If you fail to file a required report, the registrar may suspend or revoke your license.

If the registrar needs more information, then a driver/owner must file a supplemental written report with the registrar.

How do you complete the CRA-23 form?

The Registry of Motor Vehicles has specific instructions for completing its form. It helps if you take photos of the accident site, vehicles, and any injuries. You should complete what you can and follow up on any missing information as soon as possible.

You must provide information about the following (the specific information you need to supply is on the form with lines to fill out and boxes to check):

• Section A: Crash location.
• Section B: Vehicle You Were Driving.
• Section C: You and Your Passengers.
• Section D: Other Vehicles Involved in the Crash.
• Section E: Non-Motorist(s) Involved.
• Section F: Crash Conditions.
• Section G: Crash Diagram.
• Section H: Witness Information.
• Section I: Property Damage Information.
• Section J: Description of What Happened.
• Section K: Signature.

Where to file the accident report

Drivers and car owners (they may not be the same, such as when a teenager uses a parent’s car) must file their report with the RMV and send copies of the accident report to the following places:

• The police department that has jurisdiction over the accident location
• Your insurance company

The Registry of Motor Vehicles (RMV) in Boston is located at:

Registry of Motor Vehicles
P.O. Box 55889
Boston, MA 02205-5889

You should check the current RMV mailing address or electronic filing options with the RMV.

Should you call the police after an accident?

Massachusetts law (M.G.L. Chapter 90, Section 26) explains the duty to file an accident report. That law doesn’t specifically require that anyone call the police, but, generally, drivers should also contact law enforcement if the accident results in death, personal injury, or property damage of $1,000 or more to a vehicle or property. You can contact local law enforcement by dialing 911.

Drivers should assist anyone who is hurt, and exchange the following information with others involved:

• Driver’s license state and number
• Vehicle registration number
• Insurance policy
• Contact information

What do the police do when they receive a call about a recent car accident?

The local police can help in the following ways:

• They’ll clear traffic to reduce the risk of further accidents and to help ambulances, tow trucks, and other vehicles get to the accident site.
• They’ll arrange for emergency medical transportation for anyone who requires emergency medical care.
• They’ll obtain everyone’s relevant driver, vehicle, insurance, and contact information.
• They’ll conduct an initial investigation into the accident.
• In some cases, they may issue tickets or citations, such as driving while intoxicated citations.
• They’ll file their police report with their local department.

How can the RMV report or police report affect your car accident claim?

Statements in an RMV accident report may be reviewed during a case and can sometimes be used to identify inconsistencies in a driver’s account. Our Boston car accident lawyers and the lawyers for insurance carriers and the defense will look for inconsistencies between the information in the reports, depositions, answers to interrogatories, and court testimony.

For example, if you say you weren’t really hurt and then later claim that you have serious injuries, the other side will likely argue that your statement on your report contradicts your current position.

Contact our Boston car accident lawyers today

At Santoro & Gray, we have the experience to build a strong case. We can work with your doctors to verify your injuries, the treatments you need, the severity of your pain, and all the ways your injuries are making your life difficult, preventing you from working, and causing you a great amount of pain and suffering.

If you have suffered injuries from a car accident, please call us or use our contact form to schedule an appointment. We can pursue the compensation available under Massachusetts law. We work to ensure insurance carriers and juries understand your full story and the truth.