Section 4B. Actions of tort for bodily injuries or for death or for damages to property against the owner or operator of a motor vehicle, the operator of which failed to make himself or said owner known at the time of the accident or incident out of which such actions arise may, notwithstanding any provisions of law relating to limitations of actions, be commenced within six months after the plaintiff learns of the identity of the defendant; provided, that written notice of the time, place and facts of said accident or incident be given by the person injured or by someone in his behalf to the police and to the registrar of motor vehicles within thirty days after such accident.
No action shall be brought under this section after the expiration of three years from the date on which such accident or incident occurred.
Notes of Decisions
Pasquale v. Chandler, 215 N.E.2d 319 (Mass. 1966).
“It is also relevant to note that the Massachusetts Legislature has chosen to provide for a six month “sliding scale” discovery rule with a three year “outer limit” in G. L. c. 260, § 4B, concerning hit and run accidents.”
Kirschning v. Constantino, 22 Mass. L. Rptr. 171 (Mass. Super. Ct. 2007).
“Defendants urge the court to apply G.L.c. 260, §4B, and argue that the Kirschnings’ complaint is time-barred because it was not brought within three years of the date of the accident.”
Bouchie v. Atl. Chrysler, Plymouth, Toyota, Inc., 1996 Mass. App. Div. 57 (Mass. Dist. Ct., App. Div. 1996).
“See G.L.c. 260, §§4B (hit and run accidents); 4C (sexual abuse of minors); 7 (minor or mentally ill person); 8 (enemy aliens); 9 (non-residents); 10 (death of plaintiff); and 12 (fraudulent concealment) which toll the running of limitations periods based on the conditions and…”
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