Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 134.00 - Safe Driver Insurance and Merit Rating Plans
Section 134.09 - Posting of At-fault Accidents, Traffic Law Violations and Claims
Current through Register 1531, September 27, 2024
(1) Posting of At-fault Accidents. Upon receipt of a Surcharge Notice or Notice of At-fault Accident Determination sent by an Insurer in accordance with 211 CMR 134.04, the Merit Rating Board shall post the At-fault Accident to the account of the Involved Operator.
(2)
Posting of Traffic Law
Violations. Upon receipt of a citation for a traffic law violation
which is listed on the schedule of violations posted on the Division's website
at
(3) Determination of the Incident Type. When posting an At-fault Accident claim or traffic law violation to the account of an Involved Operator or a Policyholder, the Merit Rating Board shall assign it an incident type.
exclusive of any deductible, exceeds $2,000.
For accidents occurring on or after July 1, 2015, a Major Accident is an At-fault Accident wherein the claim payment under the coverages listed in 211 CMR 134.09(3)(a), exclusive of any deductible, exceeds $5,000.
exclusive of any deductible, exceeds $500 but is no more than $2,000.
For accidents occurring on or after July 1, 2015, a Minor Accident is an At-fault Accident wherein the claim payment under the coverages listed in 211 CMR 134.09(3)(a), exclusive of any deductible, exceeds $1,000 but is no more than $5,000.
(4) Posting of Comprehensive Coverage Claims. Upon receipt of a Comprehensive Coverage claim notice from an Insurer in accordance with 211 CMR 134.05, the Merit Rating Board shall post a Comprehensive Coverage claim to the account of the Policyholder. In the case where two individuals are listed as the Policyholders and joint owners of the insured vehicle(s), the first person listed on the Policy shall be considered to be the Policyholder for the purpose of 211 CMR 134.09(4).
(5) Posting of Personal Injury Protection Coverage Claims. Upon receipt of a Personal Injury Protection Coverage claim notice from an Insurer in accordance with 211 CMR 134.05, the Merit Rating Board shall post a Personal Injury Protection Coverage claim to the account of the Involved Operator.
(6) Multiple Incidents. In a Fixed-and-established Market, if an Involved Operator or Policyholder has two or more At-fault Accident claims or traffic law violations on file at the Merit Rating Board, all of which arose from the same incident, the Merit Rating Board shall assign a point value to the At-fault Accident claim or traffic law violation with the greatest number of points as specified in 211 CMR 134.13 and shall assign zero points to the remaining At-fault Accident claims or traffic law violations arising from the same incident.