At-Fault Surcharge Appeals · Essex County
At-fault accident surcharge appeals for drivers in Lynn, Massachusetts. Every appeal is heard by the Division of Insurance Board of Appeal in Boston — with attorney-reviewed preparation built around the Standards of Fault.
If you live in or near Lynn, your at-fault accident surcharge appeal is still heard by the Division of Insurance Board of Appeal — there is one statewide board, not a local court. After you file the $50 appeal within 30 days, the Board schedules a hearing and then issues a written Memorandum of Finding and Order. The central question is whether you were more than 50% at fault under the Standards of Fault. Your preparation packet should directly rebut the Standard that was applied to your accident.
File your appeal within 30 days
Mail your completed appeal form, your $50 fee, and your statement to At-Fault Accident Appeals, Division of Insurance, One Federal St., Suite 700, Boston, MA 02110. It must be filed AND received within 30 days of the date on your surcharge notice — a received-by date, not a postmark date.
The Board schedules a hearing
The Division of Insurance Board of Appeal will notify you of your hearing date and format. Confirm whether your hearing is in person, by phone, or virtual.
Prepare your evidence
Organize your police report, photos, dashcam footage, the claim/damage estimate, and a clear written account of the accident. Your preparation packet should show why the Standard of Fault should not apply to your accident.
Present your appeal at the hearing
Explain, with your evidence, why you were not more than 50% at fault. Each Standard of Fault is a rebuttable presumption — your job is to demonstrate a showing to the contrary. Speak clearly and stay focused on the facts of the accident.
The Board issues its decision
The Board issues a written Memorandum of Finding and Order. It will vacate (remove) the at-fault finding if it finds you were not more than 50% at fault, or uphold it if it finds you were. A party may have the right to appeal an adverse decision to Superior Court within 30 days of the Board's final decision under G.L. c. 30A, §14; a standard Superior Court civil filing fee applies.
A surcharge applies only when both are true: you were found 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). Each Standard of Fault is a rebuttable presumption — it applies "unless a showing to the contrary is demonstrated by the evidence."
Common appeal arguments
At-Fault Accident Appeals, Division of Insurance
One Federal St., Suite 700, Boston, MA 02110
Include the $50 appeal fee with your appeal.
Your appeal must be filed and received within 30 days of the date on your surcharge notice. This is a received-by deadline, not a postmark deadline, so mail early.
Start now
Attorney-reviewed preparation built for drivers appealing an at-fault surcharge. Start your intake today — built around your accident.
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Board of Appeal
Mail your appeal to
At-Fault Accident Appeals, Division of Insurance, One Federal St., Suite 700, Boston, MA 02110
County
Essex County
Official how-to
mass.gov →Free resources
You can read the official guidance on appealing an at-fault accident surcharge directly from mass.gov at no cost.