Car Insurance Claim Appeal
Reader’s Question:
I am from Massachusetts. A car was barely hit by my son while we were in a slow moving traffic. The SUV owner filed a claim though there was no damage on the bumper of his car. Because of this claim, my son received a surcharge notice. What grounds can we use to appeal to the merit board?
Ken
Lowell, MA
The surcharge points in Massachusetts applies when the driver is determined to be at fault by more than 50% in an accident which results in a damage in property or injury that is worth over $500.
To determine if the accident is more than 50% at fault by the driver, the Massachusetts Division of Insurance requires
to use Standards of Fault (211 C.M.R. 74.00) which provides the common types of accident where the driver is considered to be at-fault by more than 50%. One of the examples is when the car collides with rear of another car. Unless enough evidence is presented to overcome the presumption that the driver is more than 50% at-fault, this will be the basis of the hearing of the appeal.
Once you are determined by your company to be at-fault in the accident, you will then receive a surcharge
notice from your insurance provider. You will also find instructions on appealing surcharges to the Board of Appeals
in the surcharge notice. Unless you become successful in appealing, the surcharges will remain on your record.
The appeal has a filing fee of $50 and has a filing period of 30 days after the surcharge notice was received. Failure to file an appeal within this period will forfeit your right and the points will remain on your record.
In case the points are placed on your premium, this additional premium must be paid while waiting for the date of appeal to avoid from having the insurance company to cancel your policy. If you become successful in your appeal, the insurance company will give a refund for paying the excess premium.
If you did not win in your appeal with the Board of Appeal, you can bring this matter to the Superior Court. You can also contact the customer service of the Merit Rating Board at 617-351-4400.
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