Appealing an At-Fault Accident Surcharge in Massachusetts

In Massachusetts, your car insurance company is legally required to notify you if they have determined you are more than 50% at-fault for an accident. Once that “Notice of At-Fault Accident Determination” arrives, you have a ticking clock to decide whether to accept the higher premiums or fight the decision.

Unlike many states where you have to take your insurer to court, Massachusetts provides a dedicated Board of Appeal within the Division of Insurance to handle these disputes. If you win, the surcharge is removed from your records and your insurer must refund any extra premiums you paid while the appeal was pending.

How Much Does an Accident Surcharge Cost?

The financial impact of an “at-fault” accident in Massachusetts is significant and can last for up to six years. The state uses the Safe Driver Insurance Plan (SDIP) to calculate these costs, which are based on “surcharge points.”

The exact dollar amount depends on your current premium, but in 2026, the average Massachusetts driver sees a 55% to 61% increase in their annual premium after just one accident.

The Point-to-Cost Breakdown:

• Minor At-Fault Accident (3 Points): This applies if the insurance company pays out between $1,001 and $5,000. For a typical driver, each point represents roughly a 15% increase in the major parts of your premium (Bodily Injury, Property Damage, and Collision). A 3-point minor accident typically adds $650 to $950 per year to your bill.
• Major At-Fault Accident (4 Points): This applies if the claim exceeds $5,000. This can raise your annual premium by $1,100 or more.

Because these points stay on your record for six years (though they begin to “step down” after three), a single major accident can cost you over $4,000 to $6,000 in extra premiums over time. This high cost is exactly why filing an appeal is often a smart financial move.

The Appeal Process: Your 30-Day Deadline to File

The most important rule of the surcharge appeal is the deadline. You must file your request within 30 days of the date shown on the front of your surcharge notice. If you miss this window, the Board of Appeal generally cannot hear your case, and the points will stay on your record.

How to File Your Appeal and Required $50 Fee

• The Form: The appeal form is located on the reverse side of the notice your insurance company sent you.
• The Fee: A non-refundable $50.00 filing fee is required.
• Mailing Address: > Division of Insurance, Board of Appeal

P.O. Box 37009 Boston, MA 02241

Preparing for Your Virtual Hearing: Winning Evidence Tips

In 2026, the Board of Appeal has moved almost entirely to virtual hearings conducted via telephone or video.

When your hearing date arrives (usually 6–9 months after you file), you will be joined by a Hearing Officer and a representative from your insurance company. The hearing is informal and typically lasts 15 to 20 minutes.

Your Three Options for the Hearing:

1. Appear Virtually: You present your side of the story and any evidence to the officer directly.
2. Submit a Written Statement: If you don’t want to speak, you can mail a signed statement explaining the accident.
3. Appoint a Representative: You can have an attorney or a trusted friend speak on your behalf.

How the Board of Appeal Determines Fault

The Board of Appeal does not just look at what the police report says. They consider “contributing factors” that your insurance company might have ignored. To win your appeal, you must “overcome the presumption of fault” by proving road conditions, visibility, or the other driver’s behavior caused the crash.

Winning Evidence Tips:

• Photographs: Pictures of the intersection, the damage to both cars, and any road hazards (like black ice).
• Witness Statements: If someone saw the accident, their signed testimony is powerful.
• Weather Reports: Proving it was snowing or foggy helps shift the “50% fault” threshold.

What Happens After the Decision? Refunds and Retraining Requirements

You will receive a “Memorandum of Finding and Order” in the mail about 2 to 4 weeks after your hearing.

• If You Win (Vacated): The Board notifies the Merit Rating Board to remove the points from your record. Your insurance company must then recalculate your premium and issue a refund.
• If You Lose (Upheld): The surcharge remains. If this incident was your third in two years, you may still be required to complete a Driver Retraining Course to avoid a license suspension.

Frequently Asked Questions

Conclusion:

Appealing a surcharge is often worth the $50 fee, especially given that a single accident can increase your costs by nearly $1,000 per year. By preparing your evidence and attending your virtual hearing, you can protect your driving record and your wallet.