Kids & Cars in Massachusetts

 

Massautoquote.com recommends that parents, in order to best protect assets, consider registering and insuring a vehicle in their child’s name.  In Massachusetts parents are provided 100% insulation from lawsuits arising from bodily injury or property damage claims.

Mass. MGL Chapter 231, section 85A: “If a car is registered to the child and the child gets into an accident causing personal injury and/or property damage, there is no reponsibility on the parent. It does not make any difference who bought the car or who pays for the insurance, or how old the child is so long as we are talking about negligence.”

On this basis it might make sense for parents to consider insuring a vehicle in their child’s name.

Appealing Your MA At-Fault Accident Surcharge

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

Massachusetts Motor Vehicle Crash Operator Report

As a MA consumer service, we offer the following link to your Massachusetts Motor Vehicle Crash Operator Report:

Massachusetts Motor Vehicle Crash Operator Report

When Should You File a Report?

  • You should file a report if you’re the operator of a vehicle involved in a crash where the damage to any one vehicle or property is over $1,000, or if there is an injury to any person, even if a police officer was on the scene. You should file the report within 5 days of the date of the crash.

When Should you NOT File a Report?

  • You should not file a report if the crash occurred on a private road, driveway, private parking lot or other private way.

Why this Report is Important

Data from this report is used for many purposes including:

  • Identifying locations with a large number of crashes.
  • Improving dangerous highways and intersections.
  • Developing highway safety public information programs.
  • Developing programs to save lives and reduce highway injuries.

Where to send completed reports:

  • Mail or deliver one copy to your local police department in the city or town where the crash occurred.
  • Mail one copy to your Insurance Company.
  • Mail one copy to the RMV at: Crash Records RMV; PO Box 55889; Boston, MA 02205-5889

Link to RMV MA Motor Vehicle Crash Operator Report:  http://www.mass.gov/rmv/forms/21278.pdf

Massachusetts Consumer Auto Insurance Dilemma

Most agree, MA “Managed Competition” auto insurance has been a good thing.

National insurance companies have come into the state, and MA insurance consumers now have more choices.

There is, however, a flip-side to all the discounts and improved insurance programs:

If you have a poor driving record (at-fault accidents, moving violations, suspensions or revocations) or a cancelled policy, you may have difficulty obtaining MA auto insurance.

The MAIP (Massachusetts Auto Insurance Plan) marketplace is an option available to MA consumers.

The MAIP program requires 25% down-payment on new business.

If cancelled over the past 12 months for non-payment, MAIP requires (like many companies) 100% premium payment in full.

Our independent MA Agency (Johnson & Rohan Insurance) recently lost a longtime, good client (although not a very organized bill payor) due to cancellation frequency.

Late on one too many Statutory Notices of Cancellation, he is now required to pay 100% annual premium in full.

In addition, he had an accident over the past 12 months and the annual premium has gone up.

Unfortunately, it’s an all too common Massachusetts Consumer Auto Insurance Dilemma.

MA Auto Insurance Driving Records

Massachusetts drivers may obtain official copies of their driving records from the Merit Rating Board (MRB). The MRB is the Massachusetts agency that maintains driving history records. The MRB receives and maintains information from insurance companies, police departments, and MA courts regarding at-fault accidents and motor vehicle traffic violations. You can receive a copy of your MA driving record by submitting a completed “Request for Detailed Driving History Record” form to the MRB. There’s a $15 fee to process your request. Learn more about the MRB by visiting: http://www.mass.gov/mrb or you can call them at: 617-351-4400.

Saving Money on MA Auto Insurance – Optional Coverage

Coverage Choices – Consumers in MA can lower their auto insurance premiums by deciding on which Optional Coverage is really needed and what level of coverage best fits their situation.

Personal Injury Protection (PIP) Coverage –

You can save on premium if you exclude yourself, or yourself & household members from some or all of this coverage. You should consider this option if you have a medical and disability income plan.

Collision and Comprehensive Coverage –

If  the actual cash value of your vehicle is not very much, it may be a smart decision to not buy Collision or Comprehensive coverage.

Medical Payments –

If you have health insurance, it may not be necessary to purchase medical payments coverage.

Substitute Transportation –

If you can handle not having a vehicle while your car is in the shop for an at-fault or hit & run accident, then you may decide not to purchase Substitute Transportation Coverage.

Towing & Labor –

If you are a member of AAA, or any other motor club, or if you can absorb any sort of tow or auto disablement fee, you probably do not require Towing & Labor Coverage.

MA Auto Insurance Coverage

The Massachusetts Private Passenger Auto insurance policy consists of 12 parts, as follows:

Part 1, Bodily Injury to Others – $20,000 per person/$40,000 per accident (compulsory)

Part 2, Personal Injury Protection – (compulsory, self & household deductible available): $8,000. No-fault coverage.

Part 3, Bodily Injury Caused By An Uninsured Auto – protects driver & occupants against other, uninsured drivers. We recommend you match your Parts 3 & 12 to your Part 5 (Optional Bodily Injury to Others).

Part 4, Damage to Someone Else’s Property – traditional coverage amount is: $100,000. Coverage can be increased (& lowered) to $250,000 with most companies for about $16 per year. Lesser limits are available but the savings isn’t very much.

Part 5, Optional Bodily Injury to Others Coverage – injury to others and lawsuit coverage. This is the coverage the other party will go to if you injure someone in an at-fault auto accident. This is your policy’s “first line of defense” to protect your assets. We recommend limits of, at least, $100,000 per person/$300,000 per accident.

Part 6, Medical Payments – first dollar (no deductible) medical payments coverage which is available to driver & guest occupants. Medical payments coverage can help supplement health insurance coverage.

Part 7, Collision Coverage – coverage protects the value of your vehicle. If at fault in the accident or if a “hit & run,” coverage is subject to policy’s deductible.

Part 8, Limited Collision Coverage – option if you have an older vehicle and you don’t want to carry collision coverage. Coverage allows consumer to collect through own company if not an at-fault accident.

Part 9, Comprehensive Coverage (fire, theft, vandalism)  – coverage is available for damage done to your car by anything other than a collision claim. Coverage is subject to the policy deductible, first dollar (no deductible) coverage for glass claims.

Part 10, Substitute Transportation – available coverage amounts: $15 per day/$450 ($12 per year); $30 per day/$900 ($52 per year). Coverage pays for rental while vehicle is in the shop for accident related vehicle repairs.

Part 11, Towing & Labor – available coverage amounts: $50 per disablement ($8 per year); $100 per disablement ($16 per year).

Part 12, Bodily Injury Caused By An Underinsured Auto– protects driver & guest occupants against other, underinsured drivers. Drivers that carry less Part 5 limits than you. We recommend you match your Parts 3 & 12 to your Part 5 (Optional Bodily Injury to Others).

Why a Massachusetts Auto Insurance Blog?

Why a Blog? Never in my life, did I think of myself as a blogger. Yet here I am … blogging.

My name is Kevin Johnson and I am one of the owners of the independent agency: Johnson & Rohan Insurance in Lynnfield, MA. 

We launched Massautoquote.com in 1999 to provide Massachusetts’ consumers free, MA auto insurance quotes.  

As of April 1, 2008 the MA auto insurance system moved to “managed competition” and lots of things changed. Since then, for the first time since 1977 (think: Mike Dukakis), insurance companies were able to charge whatever they wanted for auto insurance rather than a state-set rate.

As a result of less regulation, insurance companies have come into the state and rates, coverage, and discount programs have been vast and varied.

So, why a MA Auto Insurance Blog?

The Massautoquote.com Blog is our attempt to demystify the MA auto insurance marketplace.

Our job is to help educate Mass. auto insurance consumers and find you the best premiums, with the best companies, with the best discount and insurance programs.

To get a quote, call or click click us today.

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