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

While a police report can be extremely helpful in some cases, not all crashes are strictly considered reportable under Massachusetts law. Here’s a brief explanation of our state’s accident reporting requirements and an overview of how police reports can play a role in car accident claims.
When is a police report required in Massachusetts?
In Massachusetts, drivers are required to report a crash to the RMV if the accident results in injury, death or damage in excess of $1,000. State law generally requires involved parties to submit this report within five days of their accident, unless they were too incapacitated by their injuries to do so. Crucially, drivers are beholden to these reporting requirements regardless of whether or not police responded to the scene of the crash.
This highlights another important distinction: A Motor Vehicle Crash Operator Report is not the same thing as a police report under Massachusetts law. Subsequently, drivers must submit copies of their crash reports to the RMV as well as to the police department with jurisdiction over their crash location. It is important to remember that any narrative or statement you provide within the Crash Operator Report can be considered a written statement by you and can potentially be used in litigation at your deposition or trial, if the case proceeds to that end.
While state law does not explicitly require drivers to contact police at the scene of an accident, qualifying crashes must still be reported in accordance with statutory requirements. Additionally, police are required to receive crash reports from motorists any time one party flees the scene of an accident involving property damage – regardless of whether or not the value of that damage exceeds $1,000.
Can you file an insurance claim without a police report?
You can still file an insurance claim without a police report, but having a formal accident report on hand can definitely help strengthen your case. Police reports often provide vital objective information about the details of an accident that can help settle disputes about fault and liability for damages, should a case progress beyond the standard insurance process.
While you may still be able to file an insurance claim without a police report, it’s often best to err on the side of caution and notify the authorities in the aftermath of a crash. Some common car accident injuries develop over time and may not be immediately evident following a crash. In other words, just because your accident didn’t initially appear to meet the state’s mandatory reporting threshold doesn’t necessarily mean you won’t experience accident-related challenges in the future. If injuries or qualifying damage become apparent after a crash, drivers should still notify their insurer promptly and consult the RMV or law enforcement to determine whether a crash report should be filed.
Having a police report or at least a documented call to law enforcement can help you cover your bases should you need to take additional legal action in the future. Not only does a police report contain important information about the scene of an accident and the parties involved, but it can help back up a survivor’s version of events with respect to the date, time and location of a crash.
Why police reports matter in injury claims
While Massachusetts is a no-fault state, accident victims in some cases may be able to pursue compensation outside the no-fault system if their injuries meet the state’s legal thresholds. Generally speaking, state law affords accident victims the ability to pursue additional compensation for pain and suffering if:
- The total amount of their reasonable and necessary medical expenses exceed $2,000, OR
- The accident results in death
- They suffered catastrophic injuries like loss of a body part, permanent and serious disfigurement or loss of eyesight or hearing
When an accident survivor meets one or more of these criteria, they may be within their rights to file a claim for compensation via the civil court system. A police report is not necessarily required in order to file a case, but if you do not have a police report on hand you will need to supplement with other forms of reliable, objective documentation.
An experienced car accident lawyer can help you identify which forms of documentation would best support your case and can leverage police reports, photographs, eyewitness testimony and more to help you fight for damages.
What to do if police don’t respond to your crash
If police were not called after a crash, it’s up to you to document the accident as thoroughly as you are able. In addition to filing the Motor Vehicle Crash Operator Report when required by law, you should collect photo and video evidence of the scene, as well as any obvious signs of property damage or physical injuries. You should also collect contact information from anyone who may have witnessed your accident in case their testimony becomes relevant later on.
Of course, all of these documentation efforts are contingent upon you being safe and healthy enough to do so. Your first priority should always be checking yourself and others for injuries and seeking emergency medical aid if necessary. Remember: some accident survivors experience a state of shock that prevents them from immediately recognizing the potential signs of physical injuries.
Even if you feel fine after a crash, you should consider seeking a medical evaluation as soon as possible after documenting your scene just to rule out any potentially serious complications. This medical evaluation can also be a valuable form of evidence should you develop accident-related injuries or health challenges down the line. The goal is to curate an assortment of accurate and compelling documentation that can support your right to recover additional compensation if you qualify under Massachusetts law.
Final thoughts
While a police report isn’t always required in order to file a car accident claim in Massachusetts, it’s important to understand the state’s reporting requirements to avoid inadvertently breaking the law or compromising your ability to recover future damages – should you qualify.
At Santoro & Gray, we understand how difficult it can be to keep track of your rights and responsibilities between our no-fault insurance requirements and statutory tort thresholds. That’s why we offer empathetic, boutique legal support to help clients in Boston and the surrounding areas move through the claims process with greater clarity and confidence.
If you or someone you know was injured in a car accident and you have questions about whether a police report may be required to file a claim, give us a call today or fill out our online contact form to speak to a member of our team. We’re here to give you a rundown of your legal options and help you arrive at a more informed decision about what comes next in your case.

Tori Santoro and Jessica Gray of Santoro & Gray assist clients in Boston and throughout Massachusetts with personal injury matters. If you have suffered injuries due to a car accident, dangerous product, or sexual assault, please contact their dedicated legal team now.