Section 134.04 - Notification of At-fault AccidentsAll Insurers shall report to the Merit Rating Board all claims arising from At-fault Accidents in accordance with the MRB Manual(s) under the following circumstances during Fixed-and-established and Competitive Markets:
(1)Claims under Bodily Injury Liability Coverage - Single Vehicle Accidents. Notification of a Bodily Injury Liability Coverage claim is required only when such claim is not associated with any Property Damage Liability Coverage or Collision Coverage claim reported pursuant to 211 CMR 134.04(2) or 211 CMR 134.04(3) in connection with the same At-fault Accident. Within 20 working days of the payment of any Bodily Injury Liability Coverage claim in excess of the amounts specified in 211 CMR 134.03(3) that resulted from an accident involving only one vehicle where that vehicle was a vehicle subject to 211 CMR 134.00, the Insurer shall report an At-fault Accident to the Merit Rating Board and shall notify the Involved Operator of the report. If the Policyholder is a person other than the Involved Operator, the Insurer shall send the Policyholder a copy of the notice.(2)Claims under Property Damage Liability Coverage - Single Vehicle Accidents. Within 20 working days of the payment of any Property Damage Liability Coverage claim in excess of the amounts specified in 211 CMR 134.03(3) that resulted from an accident involving only one vehicle, where that vehicle was a vehicle subject to 211 CMR 134.00, the Insurer shall report an At-fault Accident to the Merit Rating Board and shall notify the Involved Operator of the report. If the Policyholder is a person other than the Involved Operator, the Insurer shall send the Policyholder a copy of the notice.(3)Claims under Collision Coverage - Single Vehicle Accidents. Within 20 working days of the payment of any Collision Coverage claim in excess of the amounts specified in 211 CMR 134.03(3) that resulted from an accident involving only one vehicle, where that vehicle was a vehicle subject to 211 CMR 134.00, the Insurer shall report an At-fault Accident to the Merit Rating Board and shall notify the Involved Operator of the report unless the claim resulted from damage to the vehicle caused by flying gravel, missiles or falling objects. If the Policyholder is a person other than the Involved Operator, the Insurer shall send the Policyholder a copy of the notice.(4)Claims under Bodily Injury Liability Coverage - Multiple Vehicle Accidents. Notification of a Bodily Injury Liability Coverage claim is required only when such claim is not associated with any Property Damage Liability Coverage or Collision Coverage claim reported pursuant to 211 CMR 134.04(5) or 211 CMR 134.04(6) in connection with the same At-fault Accident. Within 20 working days of the payment of any Bodily Injury Liability Coverage claim in excess of the amounts specified in 211 CMR 134.03(3) that resulted from an accident involving more than one vehicle, where at least one vehicle was a vehicle subject to 211 CMR 134.00, the Insurer shall report an At-fault Accident to the Merit Rating Board and shall notify the Involved Operator of the report. If the Policyholder is a person other than the Involved Operator, the Insurer shall send the Policyholder a copy of the notice.(5)Claims under Property Damage Liability Coverage - Multiple Vehicle Accidents. Within 20 working days of the payment of any Property Damage Liability Coverage claim in excess of the amounts specified in 211 CMR 134.03(3) that resulted from an accident involving more than one vehicle, where at least one vehicle was a vehicle subject to 211 CMR 134.00, the Insurer shall report an At-fault Accident to the Merit Rating Board and shall notify the Involved Operator of the report. If the Policyholder is a person other than the Involved Operator, the Insurer shall send the Policyholder a copy of the notice.(6)Claims under Collision Coverage - Multiple Vehicle Accidents. Within 20 working days of the filing of any Collision Coverage claim in excess of the amounts specified in 211 CMR 134.03(3) that resulted from an accident involving more than one vehicle, where at least one vehicle was a vehicle subject to 211 CMR 134.00, there shall be a conference of the Insurer with whom the claim has been filed and all Insurers of operators who were involved in the accident and who might be alleged to have been at fault, unless the Insurer with whom the claim has been filed has denied the claim or has determined that the operator of its insured vehicle is more than 50% at fault. A telephone conference among the Insurers shall satisfy the requirement that a conference be held. If no conference is held, the Insurer shall report the At-fault Accident to the Merit Rating Board in accordance with 211 CMR 134.04(3). Within 45 working days of any conference, the Insurers shall determine which operator, if any, was at fault in excess of 50%. If any Involved Operator is determined to have been at fault in excess of 50%, the Insurer of that Involved Operator shall report an At-fault Accident to the Merit Rating Board, and shall notify the Involved Operator of the report unless this Insurer has denied each Property Damage Liability Coverage or Collision Coverage claim resulting from the accident or closed each such claim resulting from the accident with a payment of less than the amounts specified in 211 CMR 134.03(3). If the Policyholder is a person other than the Involved Operator, the Insurer shall send to the Policyholder a copy of the notice within 60 working days of the date the claim was filed.(7)Claims under Limited Collision Coverage - Multiple Vehicle Accidents. Within 20 working days of the payment of any Limited Collision Coverage claim in excess of the amount specified in 211 CMR 134.03(3) that resulted from an accident involving more than one vehicle, where at least one vehicle is a vehicle subject to 211 CMR 134.00, there shall be a conference of the Insurer with whom the claim has been filed and all Insurers of operators who were involved in the accident and who might be alleged to have been at fault. A telephone conference among the Insurers shall satisfy the requirement that a conference be held. Within 45 working days of any conference, the Insurers shall determine which operator, if any, was at fault in excess of 50%. If any Involved Operator is determined to have been at fault in excess of 50%, the Insurer of that Involved Operator shall report an At-fault Accident to the Merit Rating Board and shall notify the Involved Operator of the report unless this Insurer has denied each Property Damage Liability Coverage or Collision Coverage claim resulting from the accident or closed each such claim with a payment of less than the amounts specified in 211 CMR 134.03(3). If the Policyholder is a person other than the Involved Operator, the Insurer shall send to the Policyholder a copy of the notice within 60 working days of the date the claim was filed.(8)Disputed Claims. Notice required by 211 CMR 134.04(6) or (7) may be deferred up to one year from the date of the accident, if: (a) the Insurer has determined, after any conference required by 211 CMR 134.04(6) or (7), that the Involved Operator was not at fault in excess of 50%; and(b) an inter-company arbitration petition has been filed or a civil action has been initiated following denial of a Property Damage Liability Coverage claim.(9)Form of Notice of At-fault Accident. (a)Notice to the MRB. During both Fixed-and-established and Competitive Markets, all Insurers shall report to the Merit Rating Board all claims arising from At-fault Accidents as described in 211 CMR 134.04(1) through (7) in accordance with the MRB Manual(s) of Administrative Procedures.(b)During Competitive Markets. The Notice of At-fault Accident Determination provided to the Policyholder or Involved Operator shall use a form approved by the Commissioner. The Notice of At-fault Accident Determination shall advise the Policyholder or Involved Operator that the At-fault Accident may adversely affect future policy premiums under any Insurer's Merit Rating Plan. The Notice of At-fault Accident Determination sent to the Policyholder and/or the Involved Operator shall contain an appeal form that the Policyholder or the Involved Operator must use to appeal the At-fault Accident determination to the Board of Appeal pursuant to M.G.L. c. 175, § 113P.(c)During Fixed-and-established Markets. The Surcharge Notice that the Insurer provides to the Policyholder or Involved Operator shall be the form approved by the Commissioner that is contained in the MRB's Manual of Administrative Procedures. The Surcharge Notice shall include an appeal form that the Policyholder or the Involved Operator must use to appeal the Surcharge Notice to the Board of Appeal pursuant to M.G.L. c. 175, § 113P.(10)Failure to Submit. Failure to accurately complete and submit to the Merit Rating Board, within the specified time, the Surcharge Notice (in a Fixed-and-established Market) or the Notice of At-fault Accident Determination (in a Competitive Market) required by 211 CMR 134.04(1) through (7) may subject the Insurer to the penalty set forth in 211 CMR 134.16.(11)Correction of Notice. Failure to correct and return a Surcharge Notice (in a Fixed-and-established Market) or a Notice of At-fault Accident Determination (in a Competitive Market) found to be in error in the manner specified in the MRB Manual(s) may subject the Insurer to the penalty set forth in 211 CMR 134.16.Amended by Mass Register Issue 1355, eff. 12/29/2017.Amended by Mass Register Issue 1365, eff. 12/29/2017.