Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 134.00 - Safe Driver Insurance and Merit Rating Plans › Section 134.04 - Notification of At-fault Accidents

Current through Register 1525, July 5, 2024
All 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.