According to the insurance regulatory body of Massachusetts, 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.

Once you have submitted your appeal, you will receive a Surcharge Appeal Receipt. Approximately three weeks before your hearing, you will receive a notice indicating the date, time and location of your hearing. 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 want more information on the appeals process try contacting the MA Division of Insurance.