Massachusetts law about auto insurance

A compilation of laws, regulations, cases, and web sources on motor vehicle insurance law.

Table of Contents

Best bet

Automobile insurance, Mass. Division of Insurance
Includes information on buying auto insurance, coverages, discounts, surcharge appeals, RMV appeals, and more.

Massachusetts laws

MGL c.90, §§ 34A-34R Compulsory motor vehicle liability insurance

MGL c.175 Insurance

  • § 4E Prohibits use of credit information in issuing or renewing auto insurance
  • § 113A Motor vehicle liability policies; contents; commissioner's approval; options to purchase policies or bonds; notice of reduced or eliminated coverages
  • § 113B Classification of risks and premium charges in connection with motor vehicle liability policies or bonds
  • § 113B½ Compulsory motor vehicle liability policy; at-fault minor accident
  • § 113C Notice to registrar of companies authorized to issue motor vehicle liability policies or to act as surety upon motor vehicle liability bonds; mandatory offer of additional coverage; limits
  • § 113D Cancellation of motor vehicle liability policy; proceedings; review
  • § 113E Deposit premiums
  • § 113F Notice of intent to not issue, extend or renew motor vehicle liability policy or to execute or act as surety on motor vehicle liability bond
  • § 113G Officers, directors and employees of company issuing or executing motor vehicle liability policies or bonds; financial interest in companies or agencies; restrictions
  • § 113H Assigned risk plans
  • § 113I Freedom of contract between insurers and agents or brokers; manner of issuing policies
  • § 113J Furnishing of reports of medical examinations of person injured in motor vehicle accident
  • § 113K Minors; contracts for motor vehicle liability insurance
  • § 113L Uninsured motorists; insufficient liability limits; coverage
  • § 113N Medical examination of applicant for motor vehicle liability policy or bond prohibited
  • § 113O Fire and theft or comprehensive coverage; payments for loss or damage to insured vehicle; statements to police; claim forms; actions for nonpayment
  • § 113P Appeals from application of safe driver insurance plan
  • § 113Q Inclusion of automobile club memberships in automobile insurance policy prohibited
  • § 113R Interest on refunds of overpayments or overdue payments of motor vehicle liability insurance premiums
  • § 113S Inspection of vehicles prior to provision of coverage
  • § 113T Repair shop coverage
  • § 113U Antique motor car policies

Massachusetts regulations

211 CMR 74 Standards of fault to be used by the Board of Appeal on Motor Vehicle Liability Policies and Bonds and insurers in presuming fault when making at fault determinations
Lists motor vehicle accident "situations in which fault is presumed to be more than 50%."

211 CMR 79 Private passenger motor vehicle insurance rates
Applies to rates and premium charges for all types of coverages under private passenger motor vehicle insurance policies.

211 CMR 88 Procedures for the appeal of Safe Driver Insurance Plan (SDIP) motor vehicle accident surcharges and for conduct of SDIP motor vehicle accident surcharge hearings

211 CMR 134 Safe driver insurance plan
Lists minor and major traffic accidents and offenses which subject the violator to "points" on their auto insurance

211 CMR 135 Requirements regarding referrals to motor vehicle glass repair shops

Selected case law

Commerce Ins. Co., Inc. v. Gentile, 472 Mass. 1012 (2015)
When grandparents explicitly listed their grandson as an excluded driver, and then allowed him to drive, or did not prevent him from driving, their car, the insurance company did not have to pay the optional coverage for bodily injury.

Commerce Ins. Co., Inc. v. Szafarowicz, 483 Mass. 247 (2019)
An insurer, who had defended under a reservation of rights and contested the judgment, was only bound by a settlement/assignment agreement reached in the underlying case if the agreement was found to be reasonable under the totality of the circumstances.

Golchin v. Liberty Mutual Ins. Co., 466 Mass. 156 (2013)
The insured was "entitled to the MedPay benefits provided by her auto policy, [even though] the medical expenses at issue were covered by and paid under a separate policy of health insurance."

Oliviera v. Commerce Insurance Co., 94 Mass. App. Ct. 276 (2018)
Detailed discussion of the meaning of the phrase "related by blood" in auto insurance coverage for a household member.

Web sources

Auto and vehicle insurance, Mass. Attorney General
Includes New Auto Insurance System, Shopping for Auto Insurance, Discounts Under the New System, and more.

Auto insurance cancellation appeal, Division of Insurance.
Provides instructions on how to appeal if your auto insurance was cancelled.

Auto Insurance premium comparisons, Division of Insurance
Shows sample rates for certain scenarios and towns

Basic of Auto Insurance, Division of Insurance.
Explains what auto insurance is and why you need it.

Frequently asked questions on auto insurance, Division of Insurance.
This information was compiled to help consumers answer some of the most frequently asked questions about personal automobile insurance.

Guide to navigating the auto claims maze: getting the settlement you deserve, Consumer Federation of America
Includes "How to get your vehicle fixed at a repair shop of your choosing, not one chosen by your insurance company; how to contact insurance regulators if your insurance company doesn't resolve your claim to your satisfaction, and how to protect your personal information."

How do I appeal an at-fault accident?, Merit Rating Board.
Surcharge Appeal information from the Mass. DOT and Mass. Registry of Motor Vehicles

Massachusetts standard automobile insurance policy, Automobile Insurers of Mass.
There used to be a required standard policy in Mass, but that law was changed. Now, this policy "serves as an advisory filing which may be adopted by each insurance company, either in whole or in part, and modified to specify the insurer’s coverage and rules."

SDIP and your auto insurance policy, Mass. Dept. of Transportation.
"The Safe Driver Insurance Plan (SDIP) may be applied to specific policies to adjust insurance premiums based on the operator's driving record."

Contact

Phone

Within Massachusetts only

Within Massachusetts only

Online

Reference librarians online Chat with a law librarian 
Reference librarians via email masslawlib@gmail.com

Address

Administrative office (no law library at this location)
2 Center Plaza
9th Floor
Boston, MA 02108
Last updated: October 16, 2019
Feedback