Massachusetts to Allow Surcharge Appeals for Recalled Vehicles

Massachusetts insurance regulators will allow some Toyota drivers who were involved in accidents linked to unintended acceleration to appeal insurance surcharges assessed by their carriers.

The move follows Toyota’s decision to recall 4.2 million vehicles with potentially dangerous gas pedal mechanisms.

Any driver who has unsuccessfully appealed their surcharge can request to have a re-hearing, if they were driving a vehicle subject to the recall. Appeals are also allowed for drivers who have been determined to be at-fault by their insurer but did not appeal that decision to the state.

Request for re-hearings must be filed within 60 days.

Hearings will be limited to issues involving unintended acceleration. Drivers will be required to demonstrate that the vehicle involved in the accident is one of the models and types recalled by Toyota and that the accident was related to the acceleration problem outlined in the recall notice.

While the recent recall was issued by Toyota, it covers several Lexus models as well the Pontiac Vibe.