Is it legal to have 2 surcharges for 1 accident?

UPDATED: Oct 1, 2022

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Is it legal to have 2 surcharges for 1 accident?

I was given 2 surcharges from 1 accident. It was explained that one was for the citation failing to yield and the other from the Insurance company for being at fault. Seems like double jeopardy to me and I cannot find any

information on it.

Asked on January 22, 2019 under Accident Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It's legal. and double jeopardy does not apply. Insurance companies are not courts and are not the government--the rules providing certain protections against government action (e.g. no double jeopardy in criminal cases) simply do not apply to them. They are private businesses who voluntarily (nobody forces them to) chose to offer insurance. Since it's voluntary for them to do this, they can charge essentialy what they want and make their own rules for what increases premiums--including imposing two surcharges for one accident. Try getting a quote from another insurer: I find that periodically requoting my insurance results in lower rates (a new insurer, wanting you to switch, will typically offer a better rate than your existing insurer).

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