Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 134.00 - Safe Driver Insurance and Merit Rating Plans
Section 134.13 - Schedule of Surcharge Points

Universal Citation: 211 MA Code of Regs 211.134

Current through Register 1531, September 27, 2024

(1) During Fixed-and-established Markets, Surcharge Points will be assigned for each Surchargeable Incident of the type described in 211 CMR 134.13(2) through (6). During a Competitive Market, an Insurer may adopt a Merit Rating Plan with a different system for adjusting premiums for At-fault Accidents and traffic law violations than the point system set forth in 211 CMR 134.13(2) through (6).

(2) Major Accident. Four Surcharge Points shall be assigned to each major accident, as defined in 211 CMR 134.09(3)(a), that is within the Experience Period of the Policy.

(3) Minor Accident. Three Surcharge Points shall be assigned to each minor accident, as defined in 211 CMR 134.09(3)(b), that is within the Experience Period of the Policy.

(4) Major Traffic Law Violation. Five Surcharge Points shall be assigned to each major traffic law violation, as defined in 211 CMR 134.09(3)(c), that is within the Experience Period of the Policy.

(5) Minor Traffic Law Violation. Two Surcharge Points shall be assigned to each minor traffic law violation, as defined in 211 CMR 134.09(3)(d), that is within the Experience Period of the Policy. No Surcharge Points shall be assigned to a minor traffic law violation which is the first traffic law violation, as determined by Surcharge Date, within the Policy Experience Period if the disposition of the violation was non-criminal under M.G.L. c. 90C.

(6) Comprehensive Coverage Claims. Surcharge Points for Comprehensive Coverage claims may be assigned to policies affording Comprehensive Coverage; however, no points may be assigned unless four or more Comprehensive Coverage claims totaling $2,000 or more have occurred. In establishing the four or more Comprehensive Coverage claims totaling $2,000 or more, claims for damages caused by acts of God shall be excluded.

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