MassSurchargeAppeal
The product

Inside the appeal binder

Everything you bring to the Board of Appeal, organized in one place. Below is the structure of the binder we build for you — a sample is shown with placeholders. Your version is filled in for your incident and reviewed and signed by a licensed Massachusetts attorney before release.

Massachusetts Board of Appeal • Surcharge / At-Fault Determination
Appeal Preparation Binder

Prepared for:  
Notice date:     Appeal deadline:  
Insurer:     Claim/Policy #:  

Attorney-reviewed and signed before release • Mass Surcharge Appeal

1. What's at stake

This section states, in plain numbers, why the appeal is worth your time: the SDIP points assessed, the estimated premium increase (~15% per point), and the roughly six-year span the surcharge follows your policy. It frames the cost of not appealing.

ItemYour case
Incident type 
SDIP points assessed 
Estimated added premium / year 
Estimated total over surcharge period 

2. Your hearing roadmap

A one-page timeline from the notice to the Board's decision, with your specific dates filled in: file so the appeal is received within the 30-day window with the $50 fee, receive the hearing notice, attend, and await the Memorandum of Finding and Order (typically 2–4 weeks). It also notes the Superior Court option if needed.

3. Your argument

The heart of the binder. We identify the exact Standard of Fault from 211 CMR 74.04 the insurer applied and lay out, point by point, why the evidence makes "a showing to the contrary." For an at-fault accident this also addresses the two thresholds — more-than-50% fault and the $1,000 claim threshold.

Sample framing (rear-end, 74.04(03)): "The insurer applied the rear-end presumption. The evidence shows the lead vehicle changed lanes directly in front of me and braked abruptly with no functioning brake lights (Exhibit C, photos; Exhibit D, repair note). Under 211 CMR 74.04, that presumption applies only absent a showing to the contrary — which the photos and the police narrative provide."

Your binder substitutes the standard and facts that actually apply to your incident.

4. Hearing-day script

A calm, sequenced script so you know exactly what to say and in what order — opening, the facts, the standard, your evidence, and your close. Built to keep you concise and on point in a short hearing.

Opening: "Good morning. I'm appealing the at-fault finding on the [date] accident. I don't believe I was more than 50% at fault, and I have evidence showing why."

The standard: "The insurer relied on Standard [number]. That standard is a presumption that applies unless the evidence shows otherwise."

Close: "Based on these exhibits, I respectfully ask the Board to reverse the at-fault determination and remove the surcharge."

5. Anticipated points & rebuttals

The likely counter-points — and your prepared, factual responses — so nothing at the hearing catches you off guard. ($299 binders include a custom rebuttal and cross-examination prep set and a 1:1 prep call.)

6. Exhibit index

Every piece of evidence, labeled and ordered, so the hearing officer can follow along. A typical index:

ExhibitDescription
AThe notice / at-fault determination being appealed
BPolice report / crash report
CPhotos of both vehicles and the scene
DRepair estimate / claim payment documentation
EDiagram of the collision
FWitness statement(s) and contact info
GYour driving record (Merit Rating Board)

7. Appendix & filing checklist

  • Completed appeal form (from the reverse of your notice)
  • $50 appeal fee (check or money order)
  • Mailing address: At-Fault Accident Appeals, Division of Insurance, One Federal St., Suite 700, Boston, MA 02110
  • Two organized copies of all exhibits to bring to the hearing
  • The relevant text of 211 CMR 74.04 for your standard
  • Records-request letter templates (driving record; insurer's fault basis)

No part of this binder promises or predicts a result. It organizes your strongest, best-supported appeal for the Board to consider.