Yes, there are laws in New York that prohibit insurance companies from surcharging certain traffic violations.

What the New York Insurance Department says on this topic is that premium surcharges due to accidents or convictions are governed by the Insurance Law and regulations, which allow surcharges to be applied during the experience period (typically three years) for specified incidents, some of which are:

• accidents involving bodily injury or death, or losses to property in excess of $1,000, where the insured driver is at fault; or
• convictions for certain violations, including the following illustrations:
• speeding more than 15 MPH over the legal limit;
• driving while intoxicated or impaired by alcohol or drugs;
• operating a vehicle while attempting to avoid apprehension by a law enforcement officer;
• leaving the scene of an accident without reporting it;
• operating a vehicle in a race or speed test;
• driving without a license or knowingly permitting an unlicensed person to drive your vehicle; or
• filing a false insurance claim

As you can see speeding violations for above 15 mph is listed so for a single moving violation for speeding 14 mph above would not receive a surcharge. If you have multiple moving violations then rates can rise.

The NYS DOI also notes that surcharges are specifically not permitted if:

• your vehicle was struck in the rear, without a moving violation conviction against you;
• your vehicle was struck while it was legally parked;
• you as the insured or your insurer is reimbursed or obtains a judgment of 1/3 or more (on a property damage or physical damage claim)
• the driver of your car was not at fault (on a bodily injury claim or No-Fault claim) or was struck by a hit-and-run vehicle;
• the total damage caused by the accident is less than $1,000 and there were no injuries (however, having 2 or more accidents under $1,000 is usually subject to a surcharge);
• you have a single minor moving violation of the Vehicle & Traffic Law, other than those excepted by the Insurance Law (some of which are listed above);
• the accident occurred while the insured was driving an employer’s vehicle in the course of business (this also includes police officers, firefighters and peace officers while on duty in their official vehicles, or while driving any vehicle in an emergency situation); or
• claims are made under comprehensive or towing coverages.

 For more information on this topic and to find out more about what violations can be surcharged by an auto insurance read through section 2335 of the New York State Insurance Law. Follow this link for discount auto insurance.