Woo Hoo, Surcharge avoided

[The Snowman]

I mentioned to a few on here that when I had my pothole incident with the CBR back in July, the insurance company wanted to impose a surcharge on my insurance. This being considered a MAJOR accident (over $2000 in damages) this would have resulted in 4 points on my license for the next 6 years. Or, in terms of money, 15% (of the total??) for EACH POINT.

Well, I appealed the surcharge and wrote up a full description and included photos of the curve and hole (more like crater). However, when the date for my appeal came up, it was on a day when I was down in Arkansas and they do not give you the option to pick another date. They do, however, give you the option to use the original letter sent to the division of insurance.

I figured since I was not going to be there to represent my case, that they would quash my appeal. However, I was pleasantly surprised to read the following when I opened the letter:

"Upon review of the governing laws and regulations, the evidence presented, and in consideration of the basis of the appellant's appeal, it is the determination of the Hearing Officer that the appellant did demonstrate a showing necessary to rebut the governing presumption of the applicable standard of fault.

The board hereby orders the surcharge Vacated and orders the insurer to delete the related SDIP surcharge points from the appellant's premium."

[imkindafkedup]

Congrats man, its about time some of us get justice. I hope my surcharge appeal goes over just as well in a year or so. Wish me luck!

[Wishbone]

Nice Chuck. That is definitely good news

[KillBill]

Always nice to have good news like that before the weekend

[schleppy]

Who do you use for insurance so I can avoid them when I switch?

[McBiggity]

Who do you use for insurance so I can avoid them when I switch?

Any insurance company would surcharge based on a single vehicle accident. Despite any road/weather conditions. It's MASS Auto policy, not the decision of the indivdual insurance company.
But now the surcharge appeal process has been nixed. So they are now telling consumers to appeal directly to the insurance company.

[The Snowman]

But now the surcharge appeal process has been nixed. So they are now telling consumers to appeal directly to the insurance company.

I actually appealed to MA Board of Insurance. This is where the hearing was held.

Are you saying that this process is being done away with? Wouldn't that give insurance companies the right to surcharge whenever they want for incidents?

That would suck.

And schleppy, I use Commerce. They have been pretty fair to me. ANd they are the only carrier in the state that gives a deduction for carrying AAA. (At least they WERE before the reform, not sure about now.)

[imkindafkedup]

Commerce still does AAA discount. My appeal is being done through the common wealth of MA's insurance division. This was filed on 10/14 though, but I doubt it has changed since. They are backed up enough so that you wont even hear about getting a hearing date for at least a year, which sucks because the surcharge points are already tacked on and then if you win they pay it back. I doubt they give you any interest or any consideration back for holding onto your money in the meantime.

[McBiggity]

yeah, they are getting rid of the old appeal process. The system was backed up for almost a year. The surcharge standards will stay the same, now people will have to file an appeal directly with the insurance company.
It will be up to each individual insurance company to decide on how they will handle the appeals. It's going to create a huge mess.
They should eliminate the surcharges all together. Now that there is an open market in MA, the companies should be setting there rates based on driver experience, # of at fault accidents, etc. No need for the surcharge process now.

[imkindafkedup]

# of at fault accidents, etc. No need for the surcharge process now.

But insurance can find you at fault for an accident you aren't at fault for. So they give you a surcharge for it. Thats the case in my scenario at least. Its a clear cut case where another driver took a left turn in front of me, but because I was rushed into an ambulance he gave them a BS story to the police and thats what they included in their report. I think its important to have a neutral 3rd party be a deciding factor in cases.

[The Snowman]

I think its important to have a neutral 3rd party be a deciding factor in cases.

That's what appeal and arbitration are supposed to be for.

The insurance companies will just have a free-for-all now.

[McBiggity]

That's what appeal and arbitration are supposed to be for.

The insurance companies will just have a free-for-all now.

Not accurate.
It's a free market in MA now. It's still fairly new. Insurance companies are going to be doing whatever they can to retain current customers and attract new customers. I'd be willing to bet that more companies will begin to offer "accident forgiveness" and the like.

[imkindafkedup]

yes but just because its a free market, if you get a surcharge at one company and switch it will just carry over to that company. I still think switching up the appeal deal will only be a kick in the balls.

[McBiggity]

well, we can only wait and see what is going to happen. The system has been fucked up for a very long time, won't change overnight.

[DucDave]

City Hall was engaged in battle and sucumbed to the withering assault of 97BladeRider....and hope was rekindled in the masses.

Well done...!

[The Snowman]

City Hall was engaged in battle and sucumbed to the withering assault of 97BladeRider....and hope was rekindled in the masses.

Well done...!

*takes a bow*

Thank you, thank you. I'll be here all week.

Try the veal.

[ChrisNoF4i]

Chuck avoided his surcharge,
Oh, what a glorious daaaaay!

Whoooaaa...avoiding surcharges,
the 97BladeRider waaaaay!

ROCK ON!

[Sheppo]

*writes little notes*

congrats Chuck

[nerijusj]

Nicely done Chuck! My buddy just appealed for the similar case. It was sand and gravel on the road in a curve when he crashed and the bike got totaled. Still waiting for the response letter, but he didn't take any pics, so it might not work to his favor.

[GixerJockey]

The Ma. insurance system is the most fucked up thing I've ever heard of.

[nerijusj]

The Ma. insurance system is the most fucked up thing I've ever heard of.

+ they're f@kin thieves.

[vince557]

nice job and i hate the mass system

[richw]

Funny

Just heard They have dropped Government determination for accidents now will be solely with insurance company and no apeal