Section 134.03 - Relevant Vehicles, Policies, Accidents, Traffic Law Violations and ClaimsThe provisions of 211 CMR 134.03 shall apply in both Fixed-and-established and Competitive Markets.
(1)Vehicles. Any Private Passenger Motor Vehicle that is rated in accordance with a Private Passenger Motor Vehicle insurance manual shall be a vehicle subject to 211 CMR 134.00.(2)Policies. Any Policy meeting the definition in 211 CMR 134.02 that provides the mandatory liability coverages (Property Damage Liability Coverage, Bodily Injury to Others Coverage, Personal Injury Protection Coverage) and/or Collision Coverage for one or more vehicles subject to 211 CMR 134.00 shall be a Policy subject to 211 CMR 134.00.(3)Accidents. Any At-fault Accident shall be an accident subject to 211 CMR 134.00 if it: (a) occurs before July 1, 2015 and results in a Collision, Limited Collision, or Property Damage Liability claim payment of more than $500 in excess of any applicable deductible for damage to or caused by a vehicle subject to 211 CMR 134.00;(b) occurs on or after July 1, 2015 and results in a Collision, Limited Collision, or Property Damage Liability claim payment of more than $1,000 in excess of any applicable deductible for damage to or caused by a vehicle subject to 211 CMR 134.00;(c) occurs before July 1, 2015, is caused by a vehicle subject to 211 CMR 134.00, and results in a Bodily Injury Liability only claim payment of more than $500;(d) occurs on or after July 1, 2015, is caused by a vehicle subject to 211 CMR 134.00, and results in a Bodily Injury Liability only claim payment of more than $1,000.(4)Traffic Law Violations. Any conviction of an operator, including payments made or assessed pursuant to M.G.L. c. 90C, or any assignment of the operator to a driver alcohol education program or controlled substance abuse treatment or rehabilitation program, for a traffic law violation as listed on the Division's website shall be subject to 211 CMR 134.00. 211 CMR 134.00 also shall take into consideration certain major and minor out-of-state traffic law violations as specified by the Commissioner and posted on the Division's website, as well as convictions reported to the Registry of Motor Vehicles as the result of any compact entered into by the Secretary of Public Safety and Security for the exchange of information between states.(5)Comprehensive Coverage Claims. Any claim made under Comprehensive Coverage for which payment is made shall be a Comprehensive Coverage claim subject to 211 CMR 134.00, as specified in 211 CMR 134.05.(6)Personal Injury Protection Claims. Any claim under Personal Injury Protection Coverage for which the Involved Operator was determined to be more than 50% at fault shall be subject to 211 CMR 134.00, as specified in 211 CMR 134.05.Amended by Mass Register Issue 1355, eff. 12/29/2017.