In MA, you receive surcharge points after an accident 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.

The Massachusetts Division of Insurance states that insurers are required to determine if a driver is more than 50% at fault for an accident by applying the Standards of Fault (211 C.M.R. 74.00). These standards are common accident types under which you are presumed to be more than 50% at fault.

For example drivers are presumed to be more than 50% at fault when operating a vehicle which collides with the rear section of another vehicle. This presumption will also determine the outcome of an appeal hearing unless you overcome the presumption by providing enough evidence that you were not more than 50% at fault.

If your company determines that you are at fault for an accident, they will send you a Surcharge Notice. This notice includes instructions for appealing the surcharge to the Board of Appeals at the Division of Insurance. Surcharge points remain on your driving record unless you successfully appeal the surcharge.

If you disagree with your insurer's surcharge determination and believe that you are 50% or less at fault for the accident, you may appeal the surcharge to the Board of Appeals at the Division of Insurance. The filing fee for an appeal is $50. Appeals must be filed within 30 days of when you receive your Surcharge Notice. If you do not file your appeal within 30 days, you may lose your right to appeal the surcharge and the surcharge points will remain on your driving record.

If surcharge points are applied to your premium while you are waiting for your appeal date, you must pay the additional premium or your policy will be cancelled. If you win your appeal, you will receive a refund or credit from your insurer for any excess premium you have paid due to the surcharge.

The appeal does not guarantee success. If you do not agree with the decision of the Board of Appeal, you may appeal the decision to Superior Court. If you have questions about this the DOI says to contact the Merit Rating Board's Customer Service Section at 617-351-4400.

It sounds as if your husband is more than 50 percent at fault for the accident since he rear-ended the person in front of him. If he has witnesses that could help him prove there were outstanding circumstances then maybe the appeal could be made but from the information you gave it is not likely it would be found in his favor. For more information on this subject, try contacting the Merit Board and see if they believe your husband has a case for his side or not.