There are 2 incidents that will result in SDIP points being applied to your driving record in Massachusetts: At-Fault Accidents and Traffic Violations. The appeals process is handled differently by the State of Massachusetts for each of these incidents. If you need additional information on SDIP points and how they affect your driving record we have more information on our Downey Insurance Group blog here: Massachusetts SDIP Points Explained.
Appealing and At-Fault Accident
If you are determined to be more that 50% at fault in an auto accident, your
Massachusetts Auto Insurance company will notify you and the Merit Rating Board. The Merit Rating Board will then apply the
At-Fault Accident to your
MA driving record which in turn will increase your SDIP.
Your insurance company will also send you a
Surcharge Notice via US Mail within 20 working days of their claim payment for any
At-Fault Accident where you are more than 50% at fault . On the reverse of the
Surcharge Notice, will be your
Appeal Form. You have 30 days from the Surcharge Notice Date printed on the front of the Surcharge Notice to appeal your surcharge with the Division of Insurance. There is also a $50 fee for filling and appealing the surcharge, payable by check or money order to the Division of Insurance. You will then be issued a hearing date for your appeal.
Any additional premium that is applied to your insurance policy during the appeal process still needs to be paid, or your insurance company may cancel your policy due to non-payment of premium.
If your appeal is accepted, the SDIP Points will be removed from your driving record, and your Massachusetts Insurance company will return any additional premium that was paid due the SDIP Point increase.
Appealing Traffic Violations
Massachusetts Uniform Citations can be considered a
Civil Traffic Law Violation, a
Criminal Traffic Law Violation or both. This is noted on the front of your Citation by a check box. If both boxed are checked you would need to follow the instructions for the Criminal Traffic Law Violation.
To appeal a
Civil Traffic Law Violation, check the corresponding box on the Citation, sign and date the citation, and mail it using the pre-addressed envelope that came with the citation. You have 20 days to request an appeal or you will default on your right for an appeal hearing. Paying the ticket also will waive your right to an appeal. You will be issued a hearing date for your appeal once your request is received.
To appeal a
Criminal Traffic Law Violation, you must sign and return the Violation to the
Clerk Magistrate of the court named on the front of the violation citation within 4 days of the citation. You may also mail the citation to the named court, but it still needs to arrive at the court house within 4 days of the citation date. You will then be granted a hearing as to whether a criminal complaint should be issued against you.
This blog post is part of a
Massachusetts SDIP series that will contains other topic such as:
Appealing a Surcharge, How SDIP Points Affect My Insurance Premium, and Other Ways to Lower Your Massachusetts Insurance Premium. Click the RRS Feed at the top of the page to subscribe to our blog to receive subsequent blog posts on this topic and other important Insurance related topics from your Insurance experts Downey Insurance Group.
