MassSurchargeAppeal
The roadmap

How to appeal a Massachusetts surcharge

An at-fault accident determination or surcharge goes to the Board of Appeal on Motor Vehicle Liability Policies and Bonds, part of the Division of Insurance. Here's the whole path, start to finish.

30
days to file. Your appeal must be filed within 30 days of the date printed on your Notice of At-Fault Accident Determination or surcharge notice. This deadline is strict — there is generally no extension.

The steps

  1. Read your notice and confirm the basis

    Your notice states the incident, the date, and — for an accident — the Standard of Fault (211 CMR 74.04) the insurer used to find you more than 50% at fault. Identify that standard; it's what you'll rebut.

  2. Confirm the surcharge thresholds

    For an at-fault accident, the surcharge is only proper if you're more than 50% at fault and the claim paid was more than $1,000 (excluding any deductible). If either fails, that's an argument in itself.

  3. Gather your evidence

    Pull together everything that tells your side: the police report, photos of both vehicles and the scene, repair estimates, a diagram, witness names and statements, and any dashcam footage. Evidence is what overcomes a presumption.

  4. Complete the appeal form & pay the fee

    The appeal form is on the reverse of your notice. Fill it out, enclose the $50 appeal fee, and mail it to: At-Fault Accident Appeals, Division of Insurance, One Federal St., Suite 700, Boston, MA 02110. Your appeal must be filed and received within 30 days of the notice date — it's a received-by deadline, not a postmark date, so mail it early.

  5. Receive your hearing notice

    The Board of Appeal schedules a hearing and mails you the date, time, and location. You present your case to a hearing officer.

  6. Attend the hearing

    Bring two organized copies of your evidence. Explain, calmly and specifically, why the Standard of Fault does not fit your facts. You may appear on your own or be represented by an attorney.

  7. Get the decision

    A Memorandum of Finding and Order is mailed to you, typically within about 2–4 weeks. If the Board finds in your favor, the insurer must remove the surcharge and refund related premium.

  8. (If needed) Appeal to Superior Court

    If the decision goes against you, you may have the right to appeal the Board's decision to your county's Superior Court within a limited window. This is a more formal step — confirm the current deadline and filing fee before relying on them.

One caution: the hearing is your real chance to be heard, and you usually only get one. Showing up organized — with the right standard identified and the right exhibits in order — matters far more than how much you say. That's exactly what the appeal binder is built to do.

What the Board is deciding

For an accident appeal, the single question is whether you were more than 50% at fault. The Standards of Fault in 211 CMR 74.04 list circumstances where fault is presumed — but every one of them applies only "unless a showing to the contrary is demonstrated by the evidence." Your job at the hearing is to make that showing.

Check my deadline & build my appeal

Sources: Mass.gov — Appealing an At-Fault Accident Determination; Mass.gov — The Board of Appeal; 211 CMR 74.00; 211 CMR 134.00. This page is information only, not legal advice.