Appealing Auto Insurance Sdip Surcharge In Massachusetts: A Guide

If you've been involved in a car accident in Massachusetts and your insurance company determines that you're more than 50% at fault, you'll receive a surcharge notice, and your insurance premium will increase. However, if you believe you were not at fault, you can appeal the surcharge within 30 days of receiving the notice by mailing the completed appeal form on the back of the notice, along with a $50 fee, to the Division of Insurance Board of Appeal. You can choose to attend the appeal hearing in person, send a representative, or submit a written statement. It's important to provide any evidence that could help prove you weren't at fault, such as photos, documents, or witness statements. If the Board of Appeal finds that you were not more than 50% at fault, the surcharge will be removed from your driving history, and you'll receive a refund for any increased premium you paid.

Understand what a Massachusetts auto insurance SDIP surcharge is

The Massachusetts Safe Driver Insurance Plan (SDIP) is a point-based system that lowers insurance rates for good drivers and increases rates for unsafe drivers. The SDIP is overseen by the Merit Rating Board of Massachusetts, which has designed the program to incentivize safe driving. The SDIP also allows for the exchange of information on insurance claims.

The SDIP sets the specific credits and surcharges that an insurance company may apply to your premium. Insurance companies are not required to use the SDIP to determine surcharges for at-fault accidents and traffic violations and apply credits for incident-free years. Instead, insurers may choose to develop their own merit rating plans or to use the SDIP.

If your insurance company uses the SDIP, the following incentives are given to ensure that drivers with clean driving records pay less for their auto insurance:

• Excellent Driver Discount Plus (99): The Merit Rating Board (MRB) will assign the Excellent Driver Discount Plus code to you if you have 6 years of driving experience and no surchargeable incidents in your 6-year policy experience period.
• Excellent Driver Discount (98): The MRB will assign the Excellent Driver Discount code to you if you have at least 5 years of driving experience and no surchargeable incidents in the 5 years immediately preceding your policy's effective date.

The SDIP system of surcharges and credits may apply if:

• Your company has elected to use the SDIP as its merit rating plan
• Your insurance policy is written through the Massachusetts Automobile Insurance Plan (MAIP)

Four insurance coverages are subject to the SDIP premium adjustment:

Compulsory coverages: Bodily Injury to Others (Part 1), Personal Injury Protection (Part 2), and Damage to Someone Else's Property (Part 4)

The number of surcharge points assigned to each surchargeable incident is determined by the incident classification defined in the Safe Driver Insurance Plan:

• Minor Traffic Law Violation
• Minor At-Fault Accident
• Major At-Fault Accident
• Major Traffic Law Violation

Accidents and violations are the two types of incidents that will cause points to be applied to your license, and the amount of points assessed depends on the severity of the incident. The more points you have, the higher your insurance premium. Points can accumulate quickly, and every incident increases the number of points on your record.

Know your rights and the process for appealing

If you receive a surcharge on your policy when you were not at fault for an accident, you have the right to appeal within 30 days of receiving the at-fault accident determination notice. The first step is to complete the appeal form, which can be found on the back of the surcharge notice, and mail it to the Division of Insurance Board of Appeal, along with a $50 fee.

You will then receive a hearing notice detailing the date and location of your appeal hearing. You may be in for a long wait, as some policyholders have had to wait 12-18 months for their hearing to be scheduled. For your hearing, you can choose to attend in person, send a representative, or submit a written statement at least five days in advance.

It is important to be as prepared as possible for your hearing and provide any useful information or evidence that could help prove you were not at fault for the accident. This can include photos, documents, witness statements, information about weather conditions, and anything else that can strengthen your case.

After the hearing, the Board of Appeals will send you their decision within 2-4 weeks. If you disagree with their decision, you can appeal again to your county's Superior Court within 30 days, for which there is a $20 fee. If you win on appeal, the surcharge will be removed, your policy will be rerated, and you will receive a refund on any fees you paid due to the surcharge.

Gather evidence to support your case

Gathering evidence to support your case is crucial when appealing a Massachusetts auto insurance SDIP surcharge. Here are some steps and strategies to help you prepare:

Understand the Surcharge and Appeal Process:

Start by understanding the SDIP (Safe Driver Insurance Plan) system and the criteria for surcharges. In Massachusetts, insurance companies use driving records and accident history to assess surcharges, typically when a driver is found more than 50% at fault for an accident. The insurance company will send a Surcharge Notice or a Notice of At-Fault Accident Determination if they determine you meet the criteria. This notice will include information about the incident, your driving record, and instructions for appealing.

Gather Documentation:

Collect all relevant documents related to the accident, including police reports, insurance correspondence, medical records (if applicable), repair estimates, and any other paperwork associated with the incident. These documents will provide a paper trail and support your version of events.

Take Photos and Videos:

Visual evidence can be powerful in supporting your case. Take photos or videos of the accident scene, vehicle damage, traffic signs or signals, skid marks, weather conditions, or any other relevant details. These visual aids can help reconstruct the incident and demonstrate your perspective.

Obtain Witness Statements:

If there were witnesses to the accident, contact them and request written statements describing what they saw. Witness testimonies can provide third-party validation of your version of events and potentially strengthen your case.

Analyze the Incident:

Review the details of the accident and identify any factors that could mitigate your responsibility. For example, consider road conditions, traffic signage, visibility, or any unusual circumstances that may have contributed to the incident. Look for any discrepancies or inconsistencies in the insurance company's determination of fault.

Prepare Your Argument:

Develop a clear and concise argument that explains why you believe you were not at fault or should not be subject to the surcharge. Highlight any extenuating circumstances, present evidence that challenges the insurance company's findings, and provide a compelling narrative that supports your position.

Seek Legal Advice:

Consider consulting a traffic violation attorney or an auto insurance attorney. They can review your case, provide guidance on evidence gathering, and help you navigate the appeal process. Their expertise can be invaluable in building a strong case and ensuring you follow the correct procedures.

Remember, the key to a successful appeal is providing compelling evidence and a well-structured argument that challenges the insurance company's determination of fault. Stay organized, be thorough in your evidence gathering, and don't be afraid to seek professional advice to improve your chances of a successful appeal.

Submit the appeal form and fee within the deadline

To successfully appeal a Massachusetts auto insurance SDIP surcharge, you must submit the appeal form and fee within 30 days of receiving the surcharge notice. This deadline is crucial, and missing it may result in losing your right to appeal. The appeal form can be found on the back of the surcharge notice, and it must be mailed to the Division of Insurance Board of Appeal, along with a $50 fee. Checks or money orders should be made payable to the Commonwealth of Massachusetts.

The Board of Appeal will then schedule an appeal hearing and notify you of the date, time, and location. You have three options for pursuing the appeal: attending the hearing in person, selecting a representative to appear on your behalf, or submitting a written statement in lieu of a personal appearance. If you choose to submit a written statement, it must be received by the Board of Appeal at least five days before the hearing. This statement must include your signature on the Hearing Notice, waiving your right to a personal appearance and affirming the truthfulness of your statement. Additionally, you must include any relevant documents, photographs, or other evidence that you want the Hearing Officer to consider.

It is important to note that the appeal process may take some time. Recently, policyholders have had to wait anywhere from 12 to 18 months just to receive a hearing schedule. After the hearing, you can expect to receive the Board of Appeal's decision within approximately 2 to 4 weeks. If you disagree with their decision, you have the right to appeal to your county's Superior Court within 30 days of receiving the Board of Appeal's decision. This second appeal will incur an additional fee of $20.

Prepare for and attend the appeal hearing

To prepare for your appeal hearing, you must first 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 $50 fee. You will then receive a Hearing Notice in the mail around three weeks before your hearing date. This will include the location of your hearing, which could be in Boston, Dedham, Marlboro, Peabody, Plymouth, Somerville, Springfield, Waltham or Worcester.

You have three options for your appeal hearing:

• Attend the hearing in person. Bring copies of all relevant information, documents, photographs, etc. that you want the Hearing Officer to consider. You can also bring a witness or a witness statement.
• Submit a written statement in lieu of your personal appearance. The Board of Appeal must receive this at least five days before the hearing, along with copies of all relevant information.
• Select a representative to appear on your behalf. You will need to submit a letter stating that you have appointed a representative, along with copies of all relevant information.

Note that all material submitted toward your appeal will become part of the Board's official record and cannot be returned. Make additional copies of all documentation to retain for your records.

The hearing will be informal and open to the public, lasting around 15-20 minutes. The Hearing Officer will make an audio recording of the hearing. Your insurance company will send a representative to the hearing to explain why they determined you were more than 50% at fault for the accident. You will then be given the opportunity to provide evidence and testimony to prove that you were not more than 50% at fault. To be successful, your testimony and evidence must overcome the presumption of fault established in 211 CMR 74.03.

Useful information or evidence could include photos, documents, witness statements, weather conditions on the day of the accident, and anything else that can help strengthen your case.

Frequently asked questions