Surchargeable Accidents and your Driver’s License

In Massachusetts, an accident is considered surchargeable if you were more than 50% at fault. Surchargeable accidents will count towards 7 surchargeable events license suspensions and they are likely result in future car insurance premium increases.

How much an at fault accident will increase your insurance rates depends on the rules and rating factors your insurance company has on file with the Division of Insurance. Most insurance companies assign a fixed number of points for each type of at-fault accident or traffic violation,and the total point value is used to determine a percentage increase to the premium for the policy. At-fault accidents may affect future insurance premiums for 3-5 years.

In many instances your Massachusetts automobile insurance premium will increase if you are found to be at-fault in an accident. However, Mass. law prohibits insurance companies from increasing your rates premium based on surchargebale accidents or traffic violations that occurred more than five years prior to your policy effective date.

In Massachusetts, courts ultimately determine who is at fault in a car accident. However, there are presumptions which your insurance company can use to impose surcharges. For example, if you rear-end another vehicle, you will be presumed to be more than 50% at fault. Likewise, in a single car accident, the operator will be presumed to be at fault and receive a surcharge.

When your insurance company finds you at fault in an accident, you will receive a surcharge notice. If you are at-fault in an accident with more than $500.00 in damages, your insurance company will notify the Massachusetts Merit Rating Board and the accident will appear on your driving record. With this happens, the RMV will count the accident towards 7 surchargeable event suspensions. It will not count towards habitual traffaic offender revocations.

You have the legal right to appeal a surchargeable accident to the Board of Appeal at the Division of Insurance. You must file your appeal within thirty (30) days of the surcharge date. Filing an appeal does not prevent your insurance company from increasing your insurance rate. However, if the Board of Appeal vacates the surcharge, your insurance company is legally required to refund any monies paid as a result of the premium increase caused by the fault determination.

The hearing is informal and public, and typically lasts 20 to 30 minutes. The Hearing Officer will make an audio tape recording of the hearing. You or your representative and the insurance company representative will each be given an opportunity to present all pertinent information.

You are entitled to call witnesses and you may ask questions of the insurance company’s representative. You are entitled to be represented by counsel. To reverse a surcharge, your testimony and evidence presented must overcome the presumption of fault. If you prevail, the Registry will remove the surchargeable accident from your Massachusetts driving record.

If the Board’s decision is unfavorable, you can appeal to Superior Court, within 30 days of receipt of the adverse finding.