Massachusetts Accident Surcharge Appeals

Our MA independent insurance agency gets quite a few questions about at-fault accident surcharges and accident appeals.

Hopefully you will never get in an auto accident.

If you do, the insurance company will determine fault to decide which insurance company has to pay for damages.

The MA Division of Insurance has 19 Standard of Fault for determining fault in an accident:

  Code Standard
  01 Collision with a Lawfully or Unlawfully Parked Vehicle
  03 Rear End Collision
  05 Out of Lane Collision
  07 Failure to Signal
  08 Failure to Proceed with Due Caution from a
Traffic Control Signal or Sign
  09 Collision on Wrong Side of Road
  10 Operating in the Wrong Direction
  11 Collision at an Uncontrolled Intersection
  14 Collision While in the Process of Backing Up
  15 Collision While Making a Left Turn or U-Turn Across the Travel Path of a Vehicle Traveling in the Same or Opposite Direction
  17 Leaving or Exiting from a Parked Position, Parking Lot, Alley or Driveway
  18 Opened or Opening Vehicle Door(s)
  19 Single Vehicle Collision
  20 Failure to Obey the Rules and Regulations for Driving
  21 Unattended Vehicle Collision
  26 Collision While Merging onto a Highway, or into a Rotary
  27 Non-Contact Operator Causing Collision
  29 Failure to Yield the Right of Way to Emergency Vehicles when Required by Law
  31 Collision at a “T” Intersection

Once fault has been determined, Massachusetts then issues an Accident Surcharge Notification.

Unlike the insurance companies, the state will take into consideration contributing factors in the accident. Things such as: road conditions (snow, ice, rain), weather, other driver negligence, vehicle malfunction etc.

In order to Appeal a Surcharge, you are supposed to file the appeal within 30 days of the surcharge notice date. The cost is $50 and appeal instructions are on the surcharge notice.

Massachusetts Appeal Board: 617-521-7478

Massachusetts Merit Rating Board: 617-351-4400

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