- Why did I receive an Auto Surcharge?
- How will the surcharge affect my insurance policy?
- May I appeal an Auto Surcharge?
- How may I appeal the Auto Surcharge?
- Where and when will my hearing be scheduled?
- What will the hearing entail?
- When will I learn the outcome of my hearing?
- May I appeal the Board's decision if it is unfavorable?
- May I appeal any type of surcharge to the Board of Appeal?
You will be issued a surcharge, under the Merit Rating Plan, if you are involved in an auto accident in which your insurance company:
- determines that you are more than 50% at-fault
- pays out more than $500.00 on the claim and,
- you fall into one of the Standard of Fault categories
If you decide not to pursue an appeal, the surcharge can increase your premium and MRC Code.
If you believe that you are not more than 50% at-fault for an accident in which you received a surcharge, you may appeal the motor vehicle accident surcharge to the Division of Insurance Board of Appeal.
1. Your insurance company will mail you a Notice of Surcharge.
- If any of the information listed on the Surcharge Notice is incorrect (name, driver's license number or date of accident), contact the issuing insurance company to make the corrections before appealing.
- If you do not receive a Surcharge Notice or misplace it:
contact your insurance agent for a copy of the Surcharge Notice OR
request a late appeal from the Merit Rating Board.
2. Complete the Surcharge Appeal Form located on the reverse side of the Notice of Surcharge.
- The appeal must be filed within 30 days of the surcharge date.
- If you did not submit your appeal within 30 days because you never received a Surcharge Notice, you must obtain a Late Appeal from the Merit Rating Board. The Board of Appeal must receive the Late Appeal within 30 days of your policy renewal.
3. Submit a $25.00 check or money order payable to the Commonwealth of Massachusetts/Board of Appeal.
- The fee is non-refundable. (Your filing fee will be returned to you if you withdraw your appeal prior to the date of your hearing or if your insurance company rescinds the surcharge.)
4. Mail your appeal to the post office box designated on the application. Late appeals must be sent directly to the Division of Insurance, Board of Appeal.
5. Upon receipt of your surcharge application, the Board will mail you a postcard to acknowledge your appeal. Your cancelled check will serve as an additional receipt of your filing.
1. The Board will mail you a Notice of Hearing approximately 3 weeks prior to your hearing date.
2. Appeal hearings are scheduled in Boston, Malden, Peabody, Pittsfield, Plymouth, Somerville, Springfield, Waltham, Newton, Beverly, Brockton, Fall River, North Attleboro, Yarmouth, West Barnstable or Worcester. Carefully note the location of your hearing listed on the Notice. Directions are included at the bottom of the Hearing Notice.
3. Upon receipt of the Hearing Notice, you have three options for which to pursue the appeal:
- a. Appear in Person.
- Bring your Hearing Notice to the scheduled location.
- Bring copies of all relevant information, any documents/photographs etc. that you want the Hearing Officer to consider when making the decision.
b. Submit a Written Statement in lieu of your appearance.
The Board must receive your written or typed statement via mail or facsimile at least 5 days prior to your hearing. The statement must include:
- copies of all relevant information, any documents/photographs etc. that you want the Hearing Officer to consider in making the decision
- your signature on the Hearing Notice that identifies you are waiving a personal appearance in favor of your written statement & affirms that your statement is truthful.
c. Select a representative to appear on your behalf.
If you elect to submit a written statement via a representative, instead of appearing in person, it must include
- Copies of all relevant information, any documents/photographs etc. that you want the Hearing Officer to consider in making the decision
- your signature on the Hearing Notice that identifies you are waiving a personal appearance in favor of your written statement & affirms that your written statement is truthful.
NOTE: All materials submitted toward your appeal will become a part of the Board's record and cannot be returned. It is recommended that you make additional copies for your records.
The hearing is informal and public, lasting approximately 20 - 30 minutes. The Hearing Officer will make an audio tape recording of the hearing. You and your insurance company representative will be given an opportunity to present all pertinent information. You may also bring a witness or a witness statement to the hearing. The Hearing Officer may ask you or the representative questions to clarify the information presented or the circumstances of the accident.
At the conclusion of the hearing, the Hearing Officer will take your appeal under advisement. The facts and circumstances presented will be reviewed in accordance with the governing laws and regulations.
To have the surcharge removed from your record, your testimony and the evidence/information you present must overcome the presumption of fault. The governing regulations state that the presumption is "determinative unless and until the operator overcomes the presumption by producing sufficient evidence at an initial review or hearing" (211 CMR 74.03).
The Memorandum of Finding and Order, the Board's decision, will be mailed to you within 2-4 weeks. The Board will also contact the Commonwealth's Merit Rating Board and your insurance company so that your driving history record will be properly updated.
- If the decision is marked VACATE, the Board has found that you were not more than 50% at-fault for the accident. Any points that you received on your driving record as a result of the accident will be removed.
- If the decision is marked UPHELD, the Board has found that you were more than 50% at-fault for the accident. The surcharge points will remain on your driving record.
If you disagree with the determination of the Board, you may appeal the decision to your county's Superior Court or in Boston ( Suffolk County) where the Board's main office is located, in accordance with M.G.L. c. 30A s 14 and Superior Court Standing Order 1-96. You must file this appeal within 30 days of your receipt of the decision. Enclose to Superior Court:
- a certified copy of the Memorandum of Finding and Order and your complaint against the Board.
A surcharge incurred due to a traffic violation or a non-moving violation are not appealable to the Board. Any questions regarding this type of incident should be directed to the Registry of Motor Vehicles.