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Q

How long do moving violations remain on your record in New York? If they are no longer on your record, do you have to list them with your car insurance?


A

Moving violation convictions normally remain on a NYS driver record during the year that the conviction occurred and the following 3 calendar years.

The NYS DMV removes the conviction from your driver record on January 1 of the forth year. For example a conviction that occurred in 2006 will remain on your driving record until January 1, 2010.

If you have an accident that was placed on your New York driving record then normally it will also remain on a NY motor vehicle record (MVR) during the year that the accident occurred and for the following three years. The accident is then removed on January 1st of the forth year after the collision.

If the accident was considered by the state or DMV to be of a serious nature it can remain on a driver record for more than 10 years. A serious offense and conviction that is either alcohol-related or drug-related remains on a person's driver record for exactly 10 years. If a driver is convicted of the same violation during that 10 year period, the motorist can receive additional penalties according to the NYS DMV.

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The reasons for which surcharges are allowed by New York Insurance Department can be found on their website. It does not mention how long the surcharge can last, many states allow 3 years, so you may need to contact this agency to find out what New York allows.

Insurance companies determine their own look back period in which they will ask about moving violation convictions. Normally they will not ask for convictions further back then what the state permits the insurance company to see on your MVR.

It is generally best to give information on the violations you have received during the time period in which an insurance company is requesting information on so that they will be able to give you an accurate quote for your insurance coverages. If you have specific questions about NYS insurance laws you can contact the New York Department of Insurance.


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