[annefh]

My son was just assessed an automobile surcharge for an incident that happened in April. This is the scenario - He was driving his car on the expressway when the traffic stopped because of a serious accident ahead. He accidentally rolled into the car in front of him. His foot came off the brake but was not on the gas. Both him and the other occupant exited their cars to check the damage and both agreed that there was no damage to either car. They did not exchange papers. Three weeks later, my husband received a call from the insurance company asking about an accident that he had. They called my husband because the car is registered under his name. Apparently, the person wrote down the license plate number and decided to place a claim. This person's insurance company paid a claim of $1,600.

My son wants to file an appeal. He believes that it was a fraudulent claim that should not have been paid and that he is being assessed the surcharge unfairly. Has anyone filed an appeal to a surcharge in Massachusetts and been successful in having the surcharge reversed?

[StaticFX]

Well, in order to do $1600 damage to another cars bumper (depending on the car) there would have to be something damaged on your car (your bumper). Can't you show them that your car is fine? Ask them how could that much damage occur if your car is fine!

You need to tell your insurance company, explain everything. They have to investigate it.

[annefh]

There were pictures taken of my son's car with absolutely no damage and they still paid the claim.

[StaticFX]

! They paid the other party the $1600!? You need to tell them this is fraud! Ask them how its possible that a car with no damage could hit bumper to bumper and cause $1600 damage and not have a scratch on it.

What kind of cars were they?

[annefh]

My son's car is a honda accord 1998. I do not know what the other person's car was.

[StaticFX]

I wish u knew the other car... but an Accord (like all newer cars), is designed to crumple. The bumpers are designed to withstand an impact of less than 5mph and have no damage. So You ask the insurance company how your son managed to do $1600 in damage in a crash that was less than 5 mph.

[Fr_Chuck]

It is up to the insurance company to decide if they want to pay or go to court, often on smaller claims some will merely pay. You gave the insurance company your statement and told them what happened, But in the end, he did cause the accident, and he did hit someone from behind.
*** that is always considered at fault. So he did cause the accident and was at fault. The only issue is really the amount of the claim. So he can be given a surcharge for merely causing the accident if the claim was only one dollar.

[annefh]

Actually, in Massachusetts, the damage must be $500 or more before a surcharge is assessed