We are unable to tell you the evidence you have is enough to override Section 19 of the Code of Massachusetts Regulations (211 CMR 74) and win an appeal of the insurance surcharge. This will be up to board hearing the appeal. If you can show enough evidence that you were driving appropriately for the conditions (which may mean under the speed limit since the roads were snowy and icy) and the witnesses can affirm that the weather was the cause of the accident then you may have a chance.

We would remind you to bring copies of all relevant information, any documents and photographs, etc. that you want the Hearing Officer to consider when making the decision about if the surcharge should be upheld or not.

The Division of Insurance for Massachusetts states that an appeals hearing is informal and public, lasting approximately 20 to 30 minutes. The DOI notes that the Hearing Officer will make an audio tape recording of the hearing.

You and your insurance company representative will be given an opportunity to present all pertinent information. You may also bring a witness or a witness statement to the hearing. The Hearing Officer may ask you or the representative questions to clarify the information presented or the circumstances of the accident.

At the conclusion of the hearing, the Hearing Officer will take your appeal under advisement. The facts and circumstances presented will be reviewed in accordance with the governing laws and regulations.

To have the surcharge removed from your record, your testimony and the evidence/information you present must overcome the presumption of fault. The governing regulations state that the presumption is "determinative unless and until the operator overcomes the presumption by producing sufficient evidence at an initial review or hearing" (211 CMR 74.03).

If you disagree with the determination of the Board, you may appeal the decision to your county's Superior Court or in Boston Suffolk County Court.