MASSACHUSETTS AUTO INSURANCE GUIDE

Massachusetts Modified Comparative Negligence & the Greater-Than-50% Bar

Massachusetts follows modified comparative negligence. A claimant may recover when the claimant’s negligence is not greater than the combined negligence of the persons against whom recovery is sought, with damages reduced in proportion to assigned fault. This guide will address allocation, multiple defendants, and related litigation consequences.

Publication review note — September 17, 2026. Verify current G.L. c. 231, §85, allocation principles, exceptions, and controlling appellate decisions before publication.