If you received an at-fault surcharge, it helps to understand the system behind it: the Safe Driver Insurance Plan (SDIP), found at 211 CMR 134.00. The SDIP assigns points to certain driving incidents, and those points can affect what you pay for insurance. Here is how it works in plain terms.
How points are assigned
Under the SDIP, surchargeable incidents carry point values:
- Minor at-fault accident (insurer-paid claim of $1,000–$5,000): 3 points
- Major at-fault accident (insurer-paid claim over $5,000): 4 points
- Minor traffic law violation: 2 points
- Major traffic law violation: 5 points
Points are tracked by the Merit Rating Board (MRB) and generally follow a driver for about 6 years.
When an accident is surchargeable at all
An accident only adds at-fault points when BOTH are true: you were more than 50% at fault under the Standards of Fault (211 CMR 74.00), and your insurer paid a claim of more than $1,000, excluding your deductible. If either is missing, the accident should not be surcharged — which is the core of an appeal.
How points affect your premium
There is no single official figure for how much each point costs. An industry rule of thumb is roughly 15% per point on the compulsory and collision portions of a policy, but treat that only as an estimate — it varies by insurer. According to mass.gov, the actual impact depends on the insurer's own merit rating plan, and insurers are not required to use the SDIP at all. Never assume a fixed percentage.
Exemptions and reductions
Some incidents are exempt or reduced:
- First minor non-criminal violation in 5 years is exempt — it does not count as a surchargeable event.
- "Clean in 3" reduces an incident's point value by 1 if you have 3 or fewer surchargeable incidents in the prior 5 years and your most recent surcharge occurred at least 3 years before the policy effective date.
If you believe an exemption or reduction was not applied to your record, that can be raised on appeal. Confirm these eligibility conditions fit your record.
What an appeal can and cannot do
An at-fault surcharge appeal to the Division of Insurance Board of Appeal challenges the at-fault determination itself — whether you were more than 50% at fault. If the Board vacates the finding, the related surcharge comes off. While the appeal is pending, you must keep paying any increased premium or your policy can be cancelled; a refund or credit follows if you win.
This site covers at-fault surcharge appeals
Mass Surcharge Appeal prepares Massachusetts drivers to appeal an at-fault accident surcharge to the Division of Insurance Board of Appeal. For the official rules, you can read the regulations (211 CMR 74.00 and 211 CMR 134.00) and the how-to guide directly on mass.gov.