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QuestionInsurance Question  In Long Island, New York how long does it take for a DWI to get off your license and car insurance?

AnswerAuto Insurance Answer

According to the New York Department of Motor Vehicles, a 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.

There are other convictions and accidents of a serious type that can remain on a driver record for more than 10 years. A suspension or a revocation of a driver license that was not cleared or not terminated remains on a driver record indefinitely.

As for how long it will affect your insurance rates it will depend upon the rating system of your insurance carrier. In general an insurance company will look back and rate on your driving record infractions for 3, 5 or 7 years.

The New York Department of Insurance, the insurance regulator for the state, notes that premium surcharges due to accidents or convictions are governed by the NYS 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.

In general, no policy can be surcharged to a level where the premium exceeds more than three times the base premium for the highest rated vehicle covered by that policy (without the surcharge) according to NY laws. Please note that surcharges only apply to the premiums for liability, No-Fault, and collision coverages.

Your insurer must notify you of the exact dollar amount of any surcharges (and discounts) being applied to your policy as well as the dates of any accidents or convictions on which those surcharges are based. This information must be on, or attached to, your policy declarations page, which contains key identifying information about you and your policy. The insurer must also include information with your policy regarding circumstances under which surcharges must be refunded. Among these are:

  • when it is subsequently established that the accident for which a surcharge was applied falls under one of the exceptions enumerated in the insurer’s merit plan;
  • if the conviction for a chargeable violation or traffic infraction is ultimately reversed;
  • if a surcharge was levied through mistake, misinformation or other error; or
  • the insurer has established a claim file, but no claim was submitted for a period of three years after the date of the incident or the statute of limitations has run and no suit has been filed.
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