How the Massachusetts RMV Crash Report Can Help (or Hurt) Your Claim

Massachusetts law (G.L. c. 90 § 26) requires drivers involved in an accident to stop, exchange information, and file a written crash report. If you’re in a car accident in Massachusetts, you should also call the local police (by dialing 911) to request help. The police can assist victims who need emergency medical care, clear the accident scene, and investigate the accident. Officers can also prepare a police report, and in some cases – such as those involving drunk driving – they may file criminal charges.

Massachusetts requires drivers to file a CRA-23 accident report if the crash involves injury, death, or property damage exceeding $1,000. This form is also known as the Motor Vehicle Crash Operator Report. This article explains what information you must provide and how the forms can help or hurt your car accident claim. If the time limit hasn’t lapsed (drivers must file the form within five days of the accident), our Brockton auto accident lawyers can help you fill out the form.

When do drivers involved in car accidents in Massachusetts need to file the CRA-23 form?

You must file form CRA-23 if any of the following conditions apply:

• The car accident results in someone’s death.
• The car accident results in someone suffering injuries.
• The damage to your vehicle, another vehicle, or any property is more than $1,000.

While the CRA-23 is required when there is injury, death, or property damage over $1,000, drivers are strongly encouraged to file a report for hit-and-run incidents even if the damage appears minor.

The timeline to file the accident report

• Drivers must submit the Crash Operator Report (CRA-23) within five days of the accident date.
• If the driver is physically unable (incapacitated) to file the report within five days, then the owner (if different than the driver) must file the form within five days after the accident based on such knowledge as the owner may have and any information that the owner can reasonably obtain regarding the accident.
• Owners and operators can file the form if they were involved in a hit-and-run in which another driver hit the car of the owner or operator and then fled.

What are the consequences for failing to file the CRA-23 form?

The Registrar may suspend a driver’s license until the required report is filed. The registrar can also require that an owner or operator file a supplemental written report if the registrar believes such a report is necessary.

How do you complete the CRA-23 form?

Keep a copy of the CRA-23 form in your car, so you can fill it out immediately. It also helps, if you can, to take photos or videos of the accident site and to take notes about the accident. You don’t have to fill out everything immediately. Complete what you can and make sure you fill out the rest and file the form within the five-day timeline.

What information do you need to provide on the CRA-23 form?

You need to complete the following sections:

• Section A: Crash location. Some of the information you’ll need for this section includes:
  • The date and time of the accident
  • The city/town where the accident occurred
  • The number of vehicles involved
  • Information, such as the nearest intersection or the nearest routes, to help identify the location of the accident
• Section B: The vehicle you were driving. For this section, you’ll need to provide:
  • Your driver’s license number and state
  • Whether the damage is more than $1,000
  • Your name and address
  • Whether a commercial driver’s license was involved
  • The vehicle registration number
  • Your insurance company
  • The type of vehicle
  • The name of the owner of the vehicle
  • If there was a collision, who and what you collided with (there are numbered options to use)
  • If there was no collision, information about what happened (there are numbered options to use)
  • What you were doing at the time of the accident, such as turning left or changing lanes
  • Where your vehicle was damaged
  • Whether your vehicle was towed from the accident site
  • Other information
• Section C: You and Your Passengers. This section asks for information about any passengers in your vehicle, including:
  • Their name, address, date of birth, and sex
  • Their location in the car
  • Were they wearing a seat belt or any other safety restraint?
  • The airbag status, including whether it was deployed.
  • What happened to each passenger – death, injury, or no injury
  • Was the passenger ejected or trapped
  • Did the passenger require medical care, and what transportation method was used
• Section D: Other Vehicles Involved in the Crash. This section asks for information about the other drivers, including:
  • Driver’s license number and state
  • If the vehicle damage was more than $1,000
  • The number of occupants
  • Hit and run
  • Vehicle registration number
  • Insurance company
  • Type of vehicle
  • Where the damage to the vehicle is located
  • What the other driver was doing when the Massachusetts car accident happened
  • Other information
• Section E: Non-Motorist(s) Involved. This section provides information about any pedestrians or bicyclists involved in the car accident, including:
  • What the non-motorist was doing at the time of the accident
  • Their name, address, date of birth, and sex
  • Safety equipment, such as lights
  • Death or injury status
  • Medical transport information
• Section F: Crash Conditions. This section seeks information about:
  • The type of crash (such as head-on or rear-end)
  • Lighting conditions
  • Weather conditions
  • Traffic control devices
  • Road surface
  • Traffic conditions
  • Roadway intersection type
• Section G: Crash Diagram. You’ll need to make a drawing of the car accident, indicating the path of each vehicle’s travel.
• Section H: Witness Information. You’ll need to provide the name, address, and telephone number of any witnesses.
• Section I: Property Damage Information. Here, you’ll indicate if there was any damage to property other than the vehicles, and the name, address, and telephone number of the property owner.
• Section J: Description of What Happened. Here, you’ll explain how the accident occurred.
• Section K: Signature. You must sign and print your name and the date you filled out the form.

Where to file the accident report

You must send copies of the accident report to three places:

• The police department that has jurisdiction over where the accident happened
• Your insurance company
• The Registry of Motor Vehicles (RMV) in Boston:

Crash Records
Registry of Motor Vehicles
P.O. Box 55899
Boston, MA 02205-5889

Drivers should confirm the current RMV mailing address or electronic filing options with the RMV.

How does the RMV form affect your car accident case?

Drivers (or vehicle owners, if the driver is unable) must file an RMV report when a crash results in injury, death, or property damage exceeding $1,000.

Mistakes or vague answers can be used against you by the other drivers, their insurance lawyers, and their lawyers. The defense team can look for any inconsistency between what you said on the report and what you’re saying now – to delay payment, deny your claim, or contest the value of your claim.

• Protect yourself by calling the police, and cooperate with the police when they arrive.
• Seek medical attention as soon as possible, if the police don’t arrange it for you.
• Exchange information with the other drivers.
• Call your own insurance company.
• Contact our Brockton car accident lawyers. We work with investigators who examine the accident site and review the report to determine, as quickly as possible, whether any information needs correction.

We can help you obtain any police reports that were filed, as well as any other drivers’ reports.

Contact our Brockton lawyers now

If you were involved in a car accident in Massachusetts, contact The Law Offices of Gerald J. Noonan to schedule a free consultation. We can answer your questions, review what forms and information you must provide immediately, and fight for all the compensation you deserve.