An at-fault accident surcharge appeal is filed with the Division of Insurance Board of Appeal — not with a courthouse. There is one statewide board, regardless of where you live. The appeal must be filed and received within 30 days of the date on your surcharge notice, with a $50 fee, mailed to: At-Fault Accident Appeals, Division of Insurance, One Federal St., Suite 700, Boston, MA 02110.
Use the official mass.gov how-to for the current form and instructions. Include your written statement explaining why you were not more than 50% at fault, and your supporting evidence — the police report, scene and vehicle photos, dashcam footage, and the claim or repair estimate.
| Who's involved | Coverage | Role |
|---|---|---|
| Division of Insurance — Board of Appeal | Statewide | Hears every at-fault accident surcharge appeal in Massachusetts. |
| Merit Rating Board (MRB) | Statewide | Tracks surcharge points; may issue or relay the surcharge notice. |
| Your insurer | Your policy | Issues the surcharge and pays the claim that triggers it. |
| Superior Court | County-based sessions | A party may have a further right of appeal — appeal due within 30 days of the final decision under G.L. c. 30A, §14; a standard civil filing fee applies. |
Official links
- How to appeal an at-fault accident surcharge (mass.gov)
- Standards of Fault — 211 CMR 74.00
- Division of Insurance
📍 Local guidance by area
We have area pages for drivers across Massachusetts — explaining how the appeal works and what to expect at the Board of Appeal hearing, wherever you live.
Find guidance for your area →If you are unsure how to complete the appeal, use the mass.gov how-to or contact the Division of Insurance. Staff can explain procedure, but they cannot give legal advice about what you should write or whether your evidence is enough.
Before you file, think about what each part of your appeal needs: a clear, dated account of the accident; the specific Standard of Fault you are rebutting; and the evidence that supports your account. Confirm the insurer-paid claim amount, excluding your deductible — if it did not exceed $1,000, the accident is not surchargeable.
Keep proof of mailing and a complete copy of everything you send, including the $50 fee. Mail early — the 30-day deadline is a received-by date, not a postmark date. While the appeal is pending, keep paying any increased premium or your policy can be cancelled.