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When an insurance company determines that you are more than 50 percent at fault in an accident, the insurance company sends you a surcharge notice. You have up to 30 days from the date of the surcharge notice to appeal the at fault accident to the Division of Insurance Board of Appeal.
To request an appeal, you must complete the appeal form on the back of the surcharge notice and mail it to the Division of Insurance Board of Appeal, along with the required fee. The Board of Appeal will schedule an appeal hearing and notify the operator of the date, time and location of the hearing.
Mail the completed form and $50 appeal fee to:
Division of Insurance
P.O. Box 370009
Boston, MA 02241-0709
See sample appeal form below:
Once the Board of Appeal reviews an at fault accident appeal, the Board of Appeal will send you a Memorandum of Finding and Order with a decision.
If a surcharge is applied to your auto insurance premium while your appeal is pending, you must pay the additional premium or your policy will be cancelled. If the appeal is decided in your favor, you will receive a refund or credit from your insurance company for any increased premium you paid as a result of the surcharge.
Refer to the Office of Consumer Affairs and Business Regulation's website for more information on the at fault accident appeal process