If you live in Massachusetts and are in an auto accident, insurance companies are required to determine if you are more than 50% at fault by applying specific “standards of fault.”
If your MA insurance company determines you are at fault for the accident, they will send you a Surcharge Notice. This notice will include instructions for appealing the surcharge to the Massachusetts Appeal Board at the Division of Insurance.
If you believe you were less than 50% at-fault for the accident, follow the instructions on the Surcharge Notice to appeal. There is a $50 fee and you must file within 30 days from receiving your Surcharge Noitce; otherwise, you may lose your right to appeal.
If a surcharge is applied to your MA auto insurance premium, you must pay the additional premium while your appeal is pending or your policy will be cancelled. If you win your appeal, you will receive a refund or credit from your insurer for any increased premium paid as result fo the surcharge.
For more details about the at-fault accident appeal process:
Massachusetts Division of Insurance Board of Appeals: 617-521-7478