If you were involved in an auto accident and received a Notice of At-Fault Accident Determination, you may be wondering what it means, whether your insurance premium will be affected, and if you can appeal the decision.
The good news is that Massachusetts drivers have the right to appeal an at-fault accident determination if they disagree with the insurance company’s decision.
Here’s what you need to know.
What Is an At-Fault Accident Determination?
After an auto accident, your insurance company reviews the claim and determines whether you were more than 50% at fault.
You may receive a Notice of At-Fault Accident Determination if your insurance company determines that:
- You were more than 50% at fault for the accident
- The insurance company paid more than $1,000 on the claim
- The accident falls under one of Massachusetts’ Standards of Fault
If this happens, the accident may be considered surchargeable, which means it could impact your driving record and auto insurance premium.
Can You Appeal an At-Fault Accident?
Yes. If you disagree with your insurance company’s determination, you may appeal through the Massachusetts Division of Insurance Board of Appeal.
You have 30 days from the date of the Notice of At-Fault Accident Determination to file your appeal.
How to File an Appeal
To request an appeal:
- Complete the appeal form located on the back of your Notice of At-Fault Accident Determination.
- Include the required $50 non-refundable appeal fee.
- Mail the completed appeal form and fee to the address listed on the appeal form.
Before submitting your appeal, review the notice carefully. If any information is incorrect, such as your name, driver’s license number, or date of accident, contact your insurance company to correct it before filing.
Where to Mail Your Appeal
Appeal instructions may vary depending on the notice you receive, so always follow the mailing instructions printed on your appeal form.
Generally, at-fault accident appeals are mailed to:
Division of Insurance
P.O. Box 370009
Boston, MA 02241
You can learn more about the official appeal process here: Appeal an At-Fault Accident Determination
What Happens After You File?
Once your appeal is processed, the Board of Appeal will schedule a hearing and notify you of the date and time.
Hearings are typically conducted virtually by video or telephone. You may have the option to:
- Appear virtually
- Submit a written statement instead of appearing
- Authorize a representative to appear on your behalf
You should not submit evidence or supporting documents until you receive notice that your hearing has been scheduled.
What Should You Prepare for the Hearing?
If you move forward with an appeal, you may want to gather information that supports your position, such as:
- Photos of the accident scene or vehicle damage
- Police report information, if available
- Witness statements
- Diagrams or written notes explaining what happened
- Any other documentation you believe is relevant
The Board of Appeal will review the facts and decide whether the at-fault accident should remain on your driving record.
What Happens If You Win the Appeal?
If the Board of Appeal finds that you were not more than 50% at fault, the at-fault accident determination may be vacated.
This means the surcharge may be removed from your driving history. If you already paid an increased premium because of the surcharge, your insurance company may issue a refund or credit.
What Happens If the Appeal Is Upheld?
If the Board of Appeal finds that you were more than 50% at fault, the at-fault accident will remain on your driving record and any applicable surcharge may continue to apply.
Important Reminder About Your Insurance Premium
If a surcharge is applied to your auto insurance premium while your appeal is pending, you must continue paying your premium. If you do not pay the required premium, your policy could be cancelled.
If the appeal is decided in your favor, the Board of Appeal will notify the appropriate agencies to update your driving record. If you paid an increased premium because of the surcharge, your insurance company may issue a refund or credit.
Tip: Once you receive your Notice of Surcharge Vacation, send a copy to your insurance agent or insurance company so they can confirm your policy has been updated and process any applicable refund or premium credit.
Helpful Resources
- Appeal an At-Fault Accident Determination
- Massachusetts Surchargeable Incidents and Standards of Fault
- Frequently Asked Questions About Appealing an At-Fault Accident Determination
At-Fault Accident Appeals Contact Information
At-Fault Accident Appeals
Division of Insurance
One Federal Street, Suite 700
Boston, MA 02110-2012
Phone: 617-521-7794 or 617-521-7478
Email for inquiries: boa.mailbox@mass.gov
Email for evidence or case information: boaaccident@mass.gov
Frequently Asked Questions
How long do I have to appeal an at-fault accident?
You generally have 30 days from the date of the Notice of At-Fault Accident Determination to file your appeal.
Is there a fee to appeal?
Yes. The appeal requires a $50 non-refundable fee.
Can I appeal if I just disagree with my premium increase?
The Board of Appeal handles appeals of at-fault accident determinations. Premium increases related to traffic violations or non-moving violations may not be appealable through this process.
What if I missed the 30-day deadline?
If you did not receive the notice or misplaced it, contact your insurance agent or insurance company for a copy. You may also need to request a Late Appeal Form from the Merit Rating Board, but acceptance of a late appeal is not guaranteed.
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Please Note
This article is intended to provide general information about appealing an at-fault accident determination in Massachusetts. Every claim is different, and appeal rights, deadlines, and requirements may vary depending on your circumstances. Always review your Notice of At-Fault Accident Determination carefully and follow the instructions provided by the Division of Insurance Board of Appeal.
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