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QuestionInsurance Question  I received a speeding ticket in New York State in 2004. How long will this impact my insurance?

AnswerAuto Insurance Answer

According to the New York State Department of Insurance your rates can be affected for an experience period or look back period that is set by your insurance company. Usually this time period is 3 years but with some insurance providers it may be 5 or 7 years so check with your specific insurance carrier to see what their look back period is for violations and checking your driving record (MVR).

The NYS DOI states that premium surcharges due to accidents or convictions are governed by 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.

However, in NYS surcharges are specifically not permitted for some item for example:

  • 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.

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). The NYS DOI notes 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.

Now that you have this background on what type of offenses of violations, etc can be surcharged in New York then to find out how long a speeding violation from 2004 can impact your current insurance rates you would need to speak with your insurance agent. If you are shopping around for insurance then you an ask an insurance provider how far back their "look back" period is and if this old speeding ticket would still affect your rates.

To get a quote for low car insurance in New York State follow this link.

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