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I was recently involved with a single vehicle accident. I entered a parking area in a private park and as I pulled into the parking space I struck a concrete filled pipe that was apparently previously struck and was tilted into part of the parking area. I damaged the side of my vehicle and made claim to my Massachusetts insurance carrier. The claim was paid and now I have received a notice of a surcharge. Is this legal?I do not believe that I was at fault!

According to the Massachusetts Division of Insurance Safe Driver Plan, if you have an at-fault accident, your driving record will accumulate surcharge points. For accidents, insurance companies can apply surcharge pints if you are more than 50% at-fault for a motor vehicle accident that results in damage to property or bodily injury of more than $500.

We can understand how you may not see this as your fault since there was a pipe sticking out into the parking space that should not have been there. The MA Division of Insurance consumer services states that if you disagree with the determination and assignment of points, you may appeal the surcharge to the Board of Appeals.

With your surcharge notice that you received should be instructions on how to set up an appeal. There is a filing fee of $50 and the appeal must be filed within 30 days. You can find out more information on this at www.mass.gov/doi/Consumer/WaysToSave_SDIP.html or by calling the Board's customer service at 617-351-4400.

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This car insurance question was asked on 5/27/2006
This auto insurance answer was last updated on 6/1/2006
D C requested this car insurance solution.
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