Massachusetts General Laws

Mass. Gen. Laws ch. 231, § 85C (2026)

Action to enforce liability policy or bond; presumption of insured's consent to operation of vehicle

✓ current as of July 2026

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Section 85C. In any civil action, under section one hundred and thirteen of chapter one hundred and seventy-five and clause (9) of section three of chapter two hundred and fourteen to reach and apply the proceeds of any motor vehicle liability policy, as defined in section thirty-four A of chapter ninety, by a judgment creditor in any action to recover damages for bodily injuries, including death at any time resulting therefrom, or the consequential damages specified in said section thirty-four A, arising out of an accident or collision in which a motor vehicle, as defined in sections one and thirty-four A of said chapter ninety, was involved, and in any action under section thirty-four G of said chapter ninety on a motor vehicle liability bond, as defined in said section thirty-four A, it shall be presumed that at the time of such accident or collision such vehicle was being operated, maintained, controlled or used with the express or implied consent of the named person insured in such policy or the principal of such bond, and the absence of such consent shall be an affirmative defence to be set up in the answer and proved by the defendant.

Notes of Decisions

Cited in 4 cases, 1967–2013 · leading case: Hingham Mut. Fire Ins. v. Niagara Fire Ins., 707 N.E.2d 390 (Mass. App. Ct. 1999).

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Hingham Mut. Fire Ins. v. Niagara Fire Ins., 707 N.E.2d 390 (Mass. App. Ct. 1999). “, G. L. c. 231, § 85C. The issue presented is whether a perceived emergency by an unlicensed minor, who had ingested a narcotic, which results in her suddenly grabbing the steering wheel causing an accident is sufficient to give rise to implied consent.”

Mahoney v. Am. Auto. Ins., 989 N.E.2d 503 (Mass. App. Ct. 2013). “See also G. L. c. 231, § 85C. In some respects, compulsory coverage is broader than optional coverage, but the converse is also sometimes true.”

Scaltreto v. Shea, 223 N.E.2d 525 (Mass. 1967). “” The answer of the defendant insurance *64 company in this case alleged that Shea at the time of the accident was operating Priscilla Gfillis’s automobile without her authority and without her express or implied consent. The policy issued to Priscilla Gfillis by the insurance…”

United Nat'l Ins. v. Kohlmeyer, 958 N.E.2d 848 (Mass. App. Ct. 2011). · cites it 2× “The estate sought an instruction based on G. L. c. 231, § 85C, to the effect that McConnico was presumed at the time of the accident to be driving the vehicle with Dollar’s express or implied consent.”

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