Auto Insurance Information for Consumers
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Automobile insurance is a contract between you and an insurance company that protects you against financial loss if you have an accident. Auto insurance policies contain a variety of coverage that you choose depending on your needs - you agree to pay the premium and, in return, the insurance company agrees to pay for certain expenses as defined in your policy. Know your options when it comes to auto insurance.

Quick Links to Frequently Requested Information

Insurance Company Ratings and Stability

When selecting an insurance policy, you are also selecting an insurance company and you may want to know how stable that company is financially. Many firms rate the financial soundness of insurance companies. Some provide the ratings free while others charge a fee, ranging from a small fee for an online rating to a larger amount for quarterly reports. Each company has a different rating scale and companies may differ in the conclusions they reach about a specific insurance company, so you may want to check with more than one company before choosing an insurance company.

Here are some of the firms that rate insurance companies:

DMV Insurance Company Codes

DMV insurance codes, also known as Insurance Company Codes (ICCs), are unique, three-digit numeric codes assigned by the New York State Department of Motor Vehicles (DMV) to identify insurance companies authorized to write policies in New York. These codes, along with the insurance company's name, are printed on New York State insurance ID cards and certificates. They are crucial for verifying an insurer's legitimacy and are used by the DMV and law enforcement to monitor the insurance status of registered vehicles

DMV Insurance Codes are published on our website in cooperation with the New York State DMV. If you have questions or need more information, contact the New York State Department of Motor Vehicles. Changes and corrections can be emailed to DFS DMV Code Mailbox, and must include an NAIC number, DMV Code, company name, and contact information.

Auto Insurance Cards

Auto Insurance Cards (e.g. Bar Code inquiries) are related to the Insurance Information and Enforcement System (IIES) program, a DMV system that  monitors the insurance status of New York-registered vehicles. This information is used by DMV and Law Enforcement to identify, sanction and ultimately remove uninsured vehicles from New York's highways.

Lien Releases

A lien is a claim on property to ensure payment of a debt. When you borrow money to purchase a car, the lender files a lien on the vehicle with the state to insure that if the loan defaults, the lender can take the car. When the debt is fully repaid, a release of the lien is provided by the lender.

To obtain a lien release you have to satisfy the terms of the loan by paying the balance of the loan back to the lender, including any interest incurred. The lender must execute a release of the security interest and mail or deliver the release to the owner upon clearance of the payment, and no later than three business days following clearance of payment. The lender must also notify the Department of Motor Vehicles (DMV) that the loan has been paid in full.

If you don't receive the lien release, submit a request to your lender for proof that the loan has been satisfied. This request can be made through the DMV or directly to the lender. Visit or contact the DMV and verify that they received the loan satisfaction documents and any liens are removed from the vehicle's title. A new title will be provided or issued to you at this time.

To obtain a lien release you may be asked to provide a copy of the Title for the vehicle that you are requesting be released. If the Title has been lost, you will have to request a replacement from the DMV.

Lender's Responsibilities

Acquiring a vehicle title lien release is required to transfer ownership of a vehicle. Delays in obtaining title to such vehicles due to the lien holder being slow to mail or deliver the release can cause problems for purchasers and dealers. Section 2121 of the New York Vehicle and Traffic Law specifically states:

“Upon the satisfaction of a security interest in a vehicle the lien holder shall immediately upon clearance of payment execute a release of his security interest in a manner prescribed by the commissioner and mail or deliver the release to the owner…”

The Department urges New York state motor vehicle finance companies to comply with New York Law by mailing or delivering a lien release immediately upon satisfaction of the lien on a motor vehicle. To avoid being subject to action by the Department, all regulated financial institutions financing motor vehicles sales shall release liens and deliver the lien release no later than three business days after clearance of payment.

Obtaining a Lien Release from a Closed or Failed Bank

The FDIC may be able to provide you with a Release of Lien for a home, vehicle, boat or other personal property if the lien holder or a subsidiary was a bank that failed and was placed in FDIC receivership.

If the lender was a credit union contact the National Credit Union Administration.

Difficult-To-Insure Vehicles

When most people buy a new car, they look for attractive features and often think about safety. In buying or leasing new cars, consumers may not consider the vehicle’s insurability, but they definitely should. Will the car be easily insurable? How much will auto insurance cost?

There are some vehicles that many insurers have indicated they are not willing to insure voluntarily, or are willing to insure them only under certain strict conditions or for certain types of drivers. The DFS publishes a difficult-to-insure list. This list does not apply to all insurers for every vehicle shown, but generally encompasses data provided by many of the leading writers of private passenger auto insurance in New York State.

Rental Car Coverage

NOTE: The following information applies to New York residents only.

Car rental agreements vary from one car rental company to another. However, all car rental companies must maintain the minimum insurance coverage required by law. 

Car rental companies may sell a Collision Damage Waiver (CDW), also known as "Optional Vehicle Protection" (OVP). For rentals of 30 consecutive days or less, car rental companies in New York State can sell CDW, or if not purchased, charge a renter for the total value of a stolen (lost) or damaged rental vehicle. The daily cost of the CDW may be as high as $12, depending on the value of the vehicle.

If you are currently insured under a New York auto insurance policy and you rent a car for 30 days or less anywhere in the United States, its territories and possessions, or Canada, you do not need to buy a CDW/OVP from the car rental company regardless of whether you have collision or comprehensive coverage on your own car. At present such coverage is currently provided without any extra charge.

Credit Card Collision Coverage

Many credit card companies also provide some form of "collision damage coverage" to their cardholders for vehicles they rent with that card. This is separate from any other coverage and usually covers losses only in excess of amounts collectible under other existing coverages. It should be noted that credit card companies do not extend this coverage to all vehicles. You may want to check with your credit card company to verify exactly what protection it provides and what types of vehicles are covered. Coverage under these agreements is regulated under the New York State Insurance Law and must be underwritten by a licensed New York State insurer.

In addition, some car rental companies offer higher liability limits than the required 25/50/10 at an additional cost. If you already have a policy with higher liability limits, that will provide the coverage while renting a car. 

Some rental car companies are also licensed to sell additional accident and health coverage (beyond required No-Fault benefits) and coverage for personal items stolen from the vehicle. These coverages are also regulated under the New York State Insurance Law and must be underwritten by a licensed New York State insurer.

The rental vehicle company must tell renters about both credit card insurance and motor vehicle insurance policies under which the renter may already have rental vehicle coverage.

Please note that peer-to-peer car sharing companies, such as Turo and Getaround, are not rental car companies and are subject to other laws. These companies must maintain a group insurance policy that provides liability insurance for a vehicle owner and vehicle driver while the vehicle is being used and operated through the peer-to-peer car sharing programs. These companies also may sell OVP like rental car companies. 

Rental Reimbursement is not the same as Rental Vehicle Coverage

The "Rental Vehicle Coverage" under your motor vehicle liability policy should not be confused with "Rental Reimbursement," which is also known as "Transportation Reimbursement" or "Extended Transportation" coverage, which many insurers offer as an optional coverage in combination with the purchase of physical damage coverages. This optional coverage is for the cost of renting a vehicle used as substitute transportation if your own vehicle is damaged and is temporarily out of use due to a covered loss, until it is repaired or is declared a total loss. This type of coverage is automatically provided in the case of a theft loss under comprehensive coverage.

Trouble Getting Coverage

Many insurers write auto insurance in New York State. When shopping for auto insurance, remember that if one or two agents or brokers are unable to find coverage for you, it does not mean that there is no insurer willing to insure you on a voluntary basis. No single insurance agent or broker will have contractual relations with all auto insurers doing business in New York. You should ask the particular agent or broker to identify the specific auto insurance companies to which he or she has access.

However, if you cannot find an auto insurance company that will sell you an auto policy with the required coverages you need or want, the New York Automobile Insurance Plan (NYAIP), commonly known as the Auto Plan or Assigned Risk Plan, is a special insurance facility established under New York State law to assure that coverage is provided. Most agents and brokers licensed to place automobile insurance policies are certified to place coverage through the Auto Plan.

  • If you cannot locate a certified broker or agent get help finding one by contacting the Automobile Insurance Plan directly at (212) 943-5100 or via the NYAIP website.

The voluntary auto insurance market in New York is competitive and affords coverage to people the company believes it can insure at a reasonable profit. Historically, most auto insurers wrote business that was either preferred (better than average) or standard (average).

There are a number of insurers that specialize in insuring drivers who previously would have not found coverage outside of the Auto Plan (nonstandard), due to one or more underwriting factors (driving record, age of vehicle, being a newly licensed driver, etc.). Many insurers use "multi-tier" rating programs, in which more than one rate level can be established within the same company. In order to be approved, the program has to be structured to encourage movement of drivers out of the Auto Plan. Under these programs, insurers broaden their underwriting guidelines and place insureds in rating "tiers" with others who have similar characteristics.

Upon renewal, the insured's experience and characteristics are re-evaluated to determine if they qualify to move to a different tier. If your insurer uses a multi-tier rating structure, you should have received a disclosure notice describing their program, and your policy declarations page must indicate in which tier your policy is rated. However, as a last resort, the residual market (the Auto Plan) remains available to cover consumers who have been declined coverage in the voluntary market.

Premiums for Auto Plan coverage are generally higher, because the overall loss experience for this group of drivers has been consistently worse compared to the voluntary market. However, under Auto Plan rules, drivers are eligible for a "careful driver" discount if they are accident free and conviction free for at least one year in the Auto Plan and have at least four years experience as a licensed driver.

When an application is submitted through the Auto Plan, it will be assigned to a particular insurer among many of the auto insurers doing business in New York State. The premium for an Auto Plan policy should be the same regardless of the insurer to which your application is assigned and no matter what agent or broker handles your application. You should be wary if you do obtain different quotations for an Auto Plan policy. There have been cases where an agent or broker "low-balls" by intentionally quoting a lower premium in order to get the business. Please note that the insurer is not bound by inaccurate quotes on the part of the agent or broker, who should be reported to the Auto Plan and the Department.

Consumers can obtain the following auto insurance coverages through the Auto Plan:

  • the minimum limits required by law for bodily injury and property damage liability, basic No-Fault, and uninsured motorists insurance;
  • optional higher limits up to $250,000/$500,000 in bodily injury liability and up to $100,000 in property damage liability;
  • OBEL limits of $25,000 and Additional PIP limits of $50,000, resulting in higher aggregate No-Fault limits up to $125,000 on an optional basis;
  • optional SUM coverage up to $250,000/$500,000;
  • optional supplemental spousal liability coverage included within the bodily injury limits purchased;
  • optional physical damage coverages (collision and comprehensive) up to the amount of $50,000, with several deductible options; and
  • mandatory rental car coverage.

If your auto insurance coverage is written through the Auto Plan, the insurer issuing your policy must insure you for three years before it can non-renew your policy (unless it wants to write the renewal on a voluntary basis).

At the end of this three-year period you may shop for a regular policy or re-apply to the Auto Plan, however, there is no requirement for you to remain in the Auto Plan, and usually you will be better off in the voluntary market. 

If, at any time, you find an insurer in the voluntary market that is willing to cover you, you may terminate your coverage with the Auto Plan insurer and obtain coverage from the new company. The “short-rate” cancellation charge does not apply if you cancel an Auto Plan policy in this situation.

Cancellation and Nonrenewal

Mid-term cancellation is not permitted after a new policy is in force for 60 days, or anytime during a renewal policy, except for such limited reasons as revocation or suspension of a driver’s license of any person insured under your policy, non-payment of premium, or discovery of fraud or material misrepresentation. Mid-term cancellations, when permitted, may only be made when a notice is sent at least 20 days prior to its effective date, or 15 days prior if non-payment of premium is the ground for cancellation.

Any cancellation notice must state the reason(s) for such termination. In addition, the law requires any cancellation notice for nonpayment of premium to clearly state the amount due. A senior citizen can elect to have the auto insurer send a copy of any termination notice to a designated party acting on behalf of the senior citizen. If your driver’s license is suspended or revoked, or if you fail to pay your premium when due, your insurer is permitted to cancel your policy mid-term or refuse to renew it. Keep in mind that if you are convicted of driving while intoxicated or impaired through the use of alcohol or drugs (DWI or DWAI), in addition to a minimum $300 fine, the Department of Motor Vehicles will also revoke or suspend your driver’s license.

If you cancel an auto policy before its expiration date, some insurers will calculate the amount of your premium to be refunded on a “short-rate” basis. This means that the insurer will retain a greater portion of the premium than on a “pro-rata” basis which is equivalent to what proportionally represents the expired part of the premium or “earned premium”. This additional cost, on average, is approximately 10% of the unexpired portion of the premium. However, this difference may be greater if the policy is canceled towards the earlier portion of the policy period. This practice permits insurance companies to cover the cost of their administrative expenses on policies that do not run their full term. Alternatively, rather than using the short-rate basis, some insurers now charge a flat cancellation fee in addition to the pro-rata amount. As noted earlier, this extra charge does not apply if you cancel an Auto Plan policy in order to transfer your coverage to an insurer in the voluntary market. It also does not apply if the insured vehicle was declared a total loss, or if the insured person is entering the U.S. Armed Forces.

If a member of the military is called to active duty, they may designate an adult third party to receive bills and other notices related to their insurance coverage. They may also have the option of suspending coverage without any penalties. However, applicable conditions for suspension need to be complied with, such as surrender of registration and plates to the Department of Motor Vehicles.

Auto Insurance Nonrenewal

At the end of each one-year period, the auto insurer must renew your policy for another year, unless it gives you at least 45 to 60 days advance written notice prior to the expiration date. The notice must tell you the reason(s) for the nonrenewal of the policy.

Insurers may not refuse to renew an auto insurance policy or require you to complete a medical questionnaire solely due you having reached 60 years of age.

In the event that your insurer terminates its contract with your agent or broker, the insurer must continue your policy for the remaining part of the required policy period and cannot automatically non-renew your policy. In most cases, the company must continue your policy through the terminated agent or broker for the next three one-year policy periods if you ask. However, your continued renewal with the company is dependent on other factors independent of your insurer’s contractual arrangement with your agent or broker.

Shopping for Auto Insurance

There is active competition among auto insurers in New York State. Rates can vary considerably among insurers. The differences in rates are based, among other factors, on the specific experience of the particular group of insureds a company insures.

It is always a good idea to obtain quotes from several insurers. Consumers who shop get better value for their insurance dollar than those who do not. Many companies are part of groups that include several affiliated companies under common management. Ask the agent or broker to specify the name of the company that will issue your policy.

When shopping for a new or used car, it is best to check with your insurance professional to verify the cost of insuring the particular vehicle you are considering purchasing.

Obtaining Quotes

There are various ways in obtaining rate quotes for auto insurance. You can contact agents, brokers or individual insurance companies directly via phone or via the internet. There are also quoting agents that actively market their services to consumers and provide sample automobile insurance rates of specified insurers via a number of web sites.

When obtaining quotes, consider the following:

  • If you intend to purchase auto insurance, make sure the insurer you are dealing with is licensed to sell insurance in New York State. Just because an insurer has a website does not make it a licensed insurer. In addition, you should only be dealing with licensed agents and brokers. If you are unsure whether an agent is licensed in New York, call or email the agent and request his or her New York license number.
  • Make sure you answer questions regarding your driving history, your vehicles, and other relevant characteristics fully and accurately. For example, if you're unsure whether you had an accident or violation within the past three years, take the time to check first.
  • Have the declarations page of your current policy by your side as you respond and know the make, model, year and vehicle identification number (VIN) for each of your vehicles.
  • Remember, when you are applying for or purchasing insurance you are conveying key financial and personal data to an insurer or agent. Make sure you know who you are speaking with on the phone. If you are on a web site, make sure it is secure. Many websites will include their privacy and security policy on the site itself. For example, a Web site may be encrypting (coding) your private information to make it unreadable to third parties. The Web site will describe that process. In addition, you can activate your Web browser to notify you when you are entering or leaving a secure mode.
  • Generally, a price quote from an insurer on the Internet will be the same as one received by mail, fax, or phone. However, some insurers are now offering discounts for business transacted strictly over the Internet.

Once you have followed the above guidelines and obtained your quotes, you should be ready to make meaningful comparisons among insurers.

Although the Internet currently accounts for a relatively small percentage of total insurance sales, its influence in the marketplace is growing rapidly. Over the next few years, Internet sales are expected to grow as competition intensifies in the electronic marketplace. New York State consumers should be aware that the Web can be a convenient means of comparing prices and/or purchasing automobile insurance, but that it is not necessarily the best means for every consumer. Whether you use the Web or not, it pays to shop for auto insurance.

Don't Shop By Price Alone

Price is only one of many factors to consider in selecting an insurance company. Keep a number of the following key considerations in mind:

  • Insurance company claim practices, reliability, and the services provided by agents, brokers or insurance companies.
  • The particular types of products and coverages offered to meet your individual needs. For example, do you want comprehensive or collision coverages or higher liability limits to protect your assets? Many insurers offer various packages of optional coverages and benefits that may also be of interest.
  • Some mutual insurers may pay dividends to policyholders that are not reflected in the price of the policy.
  • Most insurers have merit rating plans charging higher premiums to drivers who are involved in accidents or convicted for certain traffic violations, such as speeding. The low rates of some insurers, after surcharging for an accident, may not be such a good deal.

Many insurers permit your premium to be paid in installments. If you choose this option you should be aware that fees may be charged for this service. In addition, insurers may charge fees for late payment or checks returned for insufficient funds. A "bounced check" fee may not be greater than $20. Lastly, the existence of fraudulent insurance claims has an overall impact on premiums. There is a $10 annual Motor Vehicle Law Enforcement fee ($5 for a six-month policy) added to your auto insurance premium for each registered vehicle you insure. The purpose of these fees is to provide additional funds to combat auto theft and fraud in New York State.

Gap and Umbrella Policies

Under the terms of a loan or lease on an automobile, at the time of total loss, there is often a difference between the amount your insurer will pay as actual cash value (under comprehensive or collision coverage) and the amount which you owe to the entity that financed or leased the vehicle (such as a bank or auto dealer). This difference, which can be hundreds or even thousands of dollars, is called the "gap amount". Gap coverage pays this amount in the event of a total loss.

Currently, you can purchase a "waiver" of the gap amount directly from the lender or dealer, who in turn has purchased gap insurance to cover the vehicle. Alternatively, some insurers may offer a separate policy or an endorsement to your personal automobile policy to cover this gap amount.

In addition, some lenders and leasing companies" financing contracts state that the amount of settlement by the physical damage insurer (based on actual cash value) will be accepted as full satisfaction of the contract in the case of total loss to the vehicle. In these cases, neither a gap waiver nor policy is necessary, as no "gap" exists.

Personal Umbrella Policies

If you have a homeowners or renters policy in addition to an automobile policy, and have sufficient assets you would like to protect, you may consider purchasing a personal umbrella policy. An umbrella policy protects you by providing additional liability coverage against judgments in lawsuits that exceed the protection of your primary (automobile, homeowners or renters) policies, with higher limits of liability insurance, typically of $1 million or more and may also include additional limits of SUM coverage.

In addition to coverage for bodily injury and property damage liability, umbrella policies usually cover additional offenses, such as libel, slander, false arrest, and invasion of privacy. In order to be eligible for an umbrella policy, insurance companies may require you to purchase and maintain certain minimum underlying liability limits on your primary policies.

Note that not all auto insurers may offer this type of policy. You may consider asking your insurer or agent/broker about the availability of this type of policy.

Auto Insurance Complaint Ranking

The DFS ranks automobile insurance companies doing business in New York State based on the number of consumer complaints upheld against them as a percentage of their total business over a two-year period. Complaints typically involve issues like delays in the payment of no-fault claims and nonrenewal of policies. Insurers with the fewest upheld complaints per million dollars of premiums appear at the top of the list. Those with the highest complaint ratios are ranked at the bottom.

Things to Consider When Using the Ranking

This ranking includes only complaints received by DFS. It does not include complaints sent only to insurance companies. Upheld complaints occur when DFS agrees with a consumer that an auto insurer made an inappropriate decision. Complaints not upheld by DFS or withdrawn by the consumer are not included in the final calculation.

Large insurance companies doing a lot of business typically generate more complaints than smaller companies, so while ratios may allow you to compare small companies with large companies by looking at complaints as a percentage of premiums written, only one or two additional upheld complaints per year can have a significant impact on a smaller insurer.

Because the ranking includes all of the auto insurers in New York, some must be at the bottom of each year’s list even if every company is performing well. While this ranking might provide information to consider when choosing an insurance company, it should not be your only consideration.

Auto Insurance Companies in New York

The DFS publishes a list of New York automobile insurance companies. These companies listed make up 90% of the private passenger automobile insurance marketplace (by premium volume) in New York State.

Applying for Auto Insurance

It is important to ask any questions you have as well as disclose all relevant information requested on an application even if it results in a higher premium. You may question the agent, broker or insurer about its practice with respect to non-renewal of policyholders and the insurer's surcharge policy. When obtaining a policy, ask the insurer about its guidelines on non-renewals and their relationship to any collision or comprehensive claims you may submit. It might make sense to choose a higher deductible, which would reduce the number of claims made, since only amounts over the deductible would result in a collision or comprehensive claim under your policy. It should be noted that all auto accidents, regardless of the amount of damage, must be reported to your insurer as required by your policy provisions. 

Be aware that many insurers consider your credit history in the underwriting process, with regard to accepting or rejecting your application, or in the determination of your rating tier (if the insurer has a "multi-tier" rating structure. However, the Insurance Law prohibits an insurance company from rejecting your application solely on the basis of credit information. See below for more information on uses of credit information.

Termination Period

An insurer may cancel a new policy (not a renewal policy) for any reason not contrary to New York Insurance Law by mailing a notice within the first 60 days. This termination period for cancellations permits insurers the time and opportunity to verify any underwriting information on a brand-new risk, in order to confirm that it wants to insure you. If your policy covers you for physical damage (comprehensive or collision) the insurer must inspect and photograph your vehicle to use for comparison purposes if future damages are claimed. This inspection is usually waived in the case of a brand new vehicle. Failure to comply with mandatory inspection requirements will result in a suspension of physical damage coverage for the period of time that the vehicle remains uninspected. There is no cost to you for this inspection.

In addition, an insurer is entitled to cancel any policy mid-term if it discovers any fraud or material misstatement made in the application for the policy. Discovery of fraud in making a claim may also subject any person involved to criminal prosecution and/or a civil penalty under the Insurance Law of up to $5,000, plus the value of the fraudulent claim.

Consumers should also be aware that there are computerized systems used by insurers, such as the Comprehensive Loss Underwriting Exchange (CLUE). This system, similar to a credit reporting agency, gathers data from insurers regarding past and present policyholders" claim histories. When an insurer writes or rates a policy, it may request a CLUE report on you. If you discover that information in a CLUE report has been used against you, you may obtain a copy of your report by contacting CLUE at the ChoicePoint Consumer Center at (800) 456-6004. There will be no charge for this report if your request is made within six months of its use by the insurer.

Redlining

An insurer is not permitted to reject an application for auto insurance based solely on the geographical location of the risk or of the producer. However, an insurer may decline an application based on sound underwriting and actuarial principles reasonably related to actual or anticipated loss experience. There are some insurers that only write in specified regions of the state as specialty or regional insurers. This marketing strategy does not necessarily constitute an illegal practice. However, if an insurer has "carved out" certain sections within larger areas in which they will not write business, this might warrant further investigation and you are urged to bring this to the attention of the Department.

Discrimination

The Insurance Law also forbids an insurance company from refusing to issue a policy or terminating a policy because of the race, creed, color, national origin, disability, sex, marital status or advanced age of an insured or applicant. Such refusal or termination would constitute illegal discrimination.

An insurer may not reject an applicant who possesses a New York driver's license for auto insurance solely on the basis that the applicant has not owned or insured a vehicle during the prior 39 months. (However an applicant who was on active service in the US Armed Forces and has maintained a continuous, valid out-of-state or out-of-country license for the prior 39 months will be treated as if continuously licensed in New York.)

Factors Impacting Your Premium

Auto insurance premiums vary widely because they depend in part upon the characteristics of the person insured, shown by statistical analysis and historical experience to be reliable predictors of future accidents. In New York, risks are grouped for rating purposes by classifications to assure that risks with similar characteristics such as age, sex, marital status, territories, annual mileage, vehicle use - pleasure/work and driving experience receive comparable pricing treatment. In this way, the risk of incurring losses is spread among many policyholders who have similar characteristics. There would be widespread unfair discrimination, which New York State law prohibits, in the absence of such a sound classification system.

You should notify your insurer of any changes while the policy is in force, such as a change of your address or the addition or deletion of a vehicle or driver. An insurer, by law, must revise your premium if it discovers certain information (e.g., that your vehicle is used for purposes other than those listed on your application, other persons operating your vehicle, or surchargeable accidents or convictions) that affect the rating exposures and/or characteristics.

Age

One of the most relevant classifications in auto insurance ratemaking is age because of its obvious relation to losses. Consistently, young drivers are disproportionately represented in auto accidents in relation to their percentage of the total driver population. If licensed less than three years at the start of the policy period, the principal operator of a vehicle, regardless of age, will receive an inexperienced operator surcharge. Drivers who are 25 years of age and over can generally obtain insurance at a considerably lower cost than younger drivers. Please be aware that most insurers will consider any member of your household with a learner's permit to be an insured operator of the vehicle for purposes of rating your policy, as this represents an increased exposure. There are a varying number of different age classifications, within which premiums generally tend to decrease as a person matures. However, some insurers" statistics indicate that, beyond a certain age, driving skills deteriorate. This causes the claims experience of senior citizens as a group to worsen, causing various insurers to charge higher premiums for those higher-age categories. On the other hand, many senior citizens may benefit from those insurers that vary their prices by the number of miles a car is driven each year, since they may drive less than the average insured.

Driving Record

Your driving record is crucial in determining your premium and your insurability. Most companies charge substantially more to insure drivers with a history of traffic violation convictions or chargeable accidents than those who have relatively clean records. Many insurers will not insure a driver whose recent driving record is poor, even if that driver's record was clean in the past. The reasons for an insurer's refusal to accept a risk varies with each company, and a risk declined by one insurance company may be found acceptable by another.

Basic premiums are calculated according to the loss experience of the group classification to which you belong. A driver's record of accidents or traffic convictions is also considered in determining the final premium. To further classify policyholders, auto insurance companies apply merit rating plans, which modify the premiums being charged according to an individual's driving record.

The resulting merit rating surcharge is used to properly price the exposure the insurer is writing, and not as a means to recoup payments previously made under a claim. Under many insurer rating plans, your first at-fault accident could result in a surcharge of up to 40% of your premium, and you could also lose a safe driver discount had you previously qualified for it.

Most insurers use a "point" system to assign surcharges for chargeable accidents and traffic violation convictions to your policy. Although both are based on your driving record, this insurance point system is separate and distinct from points against your driving license maintained by the New York State Department of Motor Vehicles (DMV).

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 $2,000, 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, surcharges are specifically not permitted if, 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 $2,000 and there were no injuries (however, having 2 or more accidents under $2,000 is usually subject to a surcharge);
  • you have a single minor moving violation of the Vehicle & Traffic Law other than those specifically set forth in 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, emergency medical service providers, 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). 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:

  • 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.
  • if a surcharge was levied through mistake, misinformation or other error; or
  • if the conviction for a chargeable violation or traffic infraction is ultimately reversed;
  • 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;

Credit History

Over the past several years, insurers have also used consumer credit information, along with other information to decide whether to issue you a private passenger auto policy and how to price it.

Under New York law, insurers that use credit information must adhere to the following consumer safeguards:

  • If an insurer uses credit information in rating or underwriting a policy, they must send you a notice disclosing this fact, including the name of the credit reporting agency.
  • If your premium is higher than it would be if you had a “better” credit score, you will receive a notice advising you of this fact. The notice will include an explanation of credit-related factors that affected your score.
  • If there is an error in your credit report, you should contact the credit reporting agency to correct the report, and then inform your insurer or agent of the correction, as it may affect your premium and entitle you to a refund.
  • Your insurer must review your current credit information at least once every 3 years, upon your request, unless it reviews updated credit information more frequently (e.g. annually) as part of their renewal process. When the company reviews the updated credit information, if your credit information has improved, you may be entitled to a lower premium, and the company must make any necessary adjustments at such time.
  • Your company may not terminate your policy or increase your renewal premium based on credit information.

Minimum Auto Insurance Coverage

The minimum coverage and amounts of insurance that must be purchased to satisfy the financial responsibility requirements needed to register your car and obtain license plates include:

  1. No-Fault (Personal Injury Protection) - to pay medical expenses, lost earnings, and other reasonable and necessary expenses, for example household help and transportation to medical providers, for a driver or passenger injured in, or a pedestrian injured by, your car;
  2. Liability - to protect against the harm your car, or any car you drive with the owner's permission, might do to other people and their property; and
  3. Uninsured Motorists - to protect against the injuries you, your family or your passengers might suffer in a hit-and-run accident or in an accident with an uninsured vehicle.

No-Fault Benefits-Personal Injury Protection (PIP)

No-Fault, also called Personal Injury Protection (PIP), is designed to pay promptly, regardless of who is at fault or whether there was any negligence, for economic losses (meaning medical/health expenses, lost earnings, and certain other reasonable and necessary expenses related to injuries sustained), up to $50,000 per person ("basic No-Fault coverage"), to the driver and all passengers injured in your car as well as any pedestrians injured by your car, because of its use or operation in New York State.

The purpose of No-Fault insurance is to restore individuals hurt in auto accidents to health and productivity as swiftly as possible. Because of New York's No-Fault law, lawsuits due to auto accidents can be brought only for economic losses that exceed No-Fault benefits and for non-economic damages (such as pain and suffering) only if a "serious injury" (as defined in the Insurance Law) is sustained.

No-Fault is a personal injury coverage and does not pay for auto body repair of your car or damage to any other party’s motor vehicle or other personal property. No-Fault is also primary to health insurance, which means it pays first in the event injury is due to an auto accident.

Under this coverage, your insurer provides you and all relatives who reside in your household with protection against economic losses arising from injuries sustained in motor vehicle accidents anywhere within the United States, its territories and possessions, or Canada. It also provides coverage for any passengers injured in accidents in New York State while in your vehicle, as well as any guest passengers who are New York State residents injured in your vehicle anywhere in the United States, its territories and possessions, or Canada, if they are not covered under another auto insurance policy in New York State.

All pedestrians injured by motor vehicles in New York State are also protected by No-Fault.

Basic No-Fault auto insurance coverage includes:

  • reasonable and necessary accident related medical and rehabilitation expenses (in accordance with established fee schedules);
  • 80% of lost earnings from work, up to a maximum payment of $2,000 per month for up to three years from the date of the accident; subject to statutory offsets for New York State disability, Worker’s Compensation and Federal Social Security disability benefits.
  • up to $25 a day, for up to a year from the date of the accident, to reimburse other reasonable and necessary expenses, (e.g., household help, and transportation expenses to/from medical treatment) resulting from the auto accident; and
  • a $2,000 death benefit (in addition to the $50,000 basic No-Fault limit), payable to the estate of a person eligible for No-Fault benefits who is killed in a motor vehicle accident.

However, under most insurance policies, a person will be ineligible for No-Fault benefits, if:

driving while intoxicated or impaired by use of a drug that contributes to the accident, except for emergency health related services performed in a general hospital or by an ambulance worker outside of a general hospital. However, the No-Fault insurer has the right to recover from the intoxicated or impaired driver the full amount of those No-Fault payments made by the automobile insurer for the emergency services provided to the driver if the driver is convicted of driving while intoxicated or impaired by the use of alcohol or drugs

  • intentionally causing his or her own injuries
  • riding an all-terrain vehicle (ATV) or a motorcycle as operator or passenger (a pedestrian struck by a motorcycle or ATV is covered)
  • injured while committing a felony
  • injured while in a vehicle known to be stolen, or
  • an owner of an uninsured vehicle

Liability Insurance-Bodily Injury & Property Damage

This liability coverage protects you (and anyone driving your car with your permission), if a claim is made against you by another person (“third-party”), alleging that you were negligent or otherwise at fault, so this coverage will make payments on your behalf to that injured third-party in the event your car is involved in an accident that results in serious injury or death to others or damage to their property.

In addition, your insurance company must provide you with a legal defense against such claims, without reducing your policy's liability limits.

The minimum limits of third-party bodily injury liability coverage mandated by New York's Vehicle and Traffic Law are:

  • $25,000 for bodily injury (not resulting in death), or $50,000 for any injury resulting in death, sustained by any one person in any one accident;
  • $50,000 for bodily injury (not resulting in death) sustained by two or more persons in any one accident, or $100,000 for any injuries resulting in death sustained by two or more persons in any one accident (subject to the above per person limits).

Since the minimum limit of coverage required by law for property damage liability protection, for damage to another party’s car or property, is $10,000 per accident, these minimum liability limits in New York are sometimes together referred to as “$25,000/$50,000/$10,000” or “25/50/10”.

If, however, your vehicle is used or operated in another state or Canadian province that requires higher liability limits than the above New York mandated limits or what is purchased, your policy will provide coverage for those limits required by such other jurisdiction.

If you are injured in an auto accident, or your car is damaged, due to someone else’s negligence, you may be able to make a claim against that other person’s auto insurance policy for bodily injury and property damage liability. You must establish that the other party was at fault. You have a right to sue another party involved in the auto accident for pain and suffering, only if you sustained a “serious injury” as defined in the Insurance Law. You can also go to court against a third party for property damage and, when bodily injury has been sustained, for other economic loss not covered by, or exceeding the limits of, your No-Fault coverage.

Suing another party would be your own personal action and does not involve your insurance company under the provisions of your policy. If you decide to sue someone else, your insurer under your own policy is not required to provide or pay for a lawyer you might want or need to handle your claim against another party.

While your automobile liability insurance policy provides coverage for every passenger in your vehicle injured in an accident caused by the driver’s negligence, it will most likely not provide any liability coverage when the injured passenger is your spouse unless you purchase Supplemental Spousal Liability Insurance. However, your spouse would still be eligible for basic No-Fault coverage as discussed earlier. When shopping for insurance, please check with your insurance company, agent or broker about whether your policy affords bodily injury liability coverage to your spouse.

Uninsured Motorists Coverage

Another important feature of your auto insurance policy is bodily injury protection for you, all family members who reside in your household, and occupants of your car, in the event you or they are injured as the result of negligent actions by an uninsured vehicle or hit-and-run motorist. This mandatory coverage applies only in regard to bodily injury due to accidents occurring in New York State and does not cover auto body damage to your car or damage to other property.

For New York accidents, the amount of uninsured motorists protection required to be provided is the same minimum bodily injury limits as required for liability insurance. For a small additional charge, this uninsured motorists coverage can be extended to provide coverage for out-of-state accidents by endorsement, so you should check with your agent, broker or insurer if you want this extension of coverage.

If anyone in your car is injured by the driver of an uninsured vehicle or a hit-and-run motorist, a claim should be filed with your auto insurance company under this coverage. Similarly, you should file a claim with your automobile insurer if you or a member of your family is injured while unknowingly occupying an uninsured vehicle or injured as a pedestrian by an uninsured or hit-and-run motorist. If you do not own a car, but a relative in your household does, you may file a claim under that policy.

If you don’t have your own policy and are not covered by a family member’s policy in your household and if you are injured as a pedestrian by an uninsured vehicle or hit-and-run driver or as an occupant of an uninsured vehicle in New York State, you may still be eligible for uninsured motorists protection and No-Fault coverage. You or your representative should immediately report the accident to proper authorities, and then promptly (because there are stringent time limits) file a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC), located at 110 William Street, 19th Floor, New York, New York 10038 (Tel: 646-205-7800) (Fax: 212-732-1826). Additional information on the MVAIC website.

Insurance Information and Enforcement System (IIES)

Be aware of the importance of maintaining required motor vehicle insurance coverage on a continuous basis as long as you own a car. The New York Department of Motor Vehicles (DMV) has a system, called the Insurance Information and Enforcement System (IIES), that detects uninsured vehicles.

Insurers are required to report to the DMV information, such as cancellations, renewals, and issuance of new policies, on all persons they insure for motor vehicle insurance. This information is entered into an electronic database that will continuously track insurance coverage for each registered vehicle. Failure to maintain liability insurance coverage for your car at all times can result in the suspension of your vehicle registration and driver’s license, as well as other substantial monetary penalties.

These procedures could result in you getting a letter from the DMV inquiring about your insurance status – even if your vehicle is currently insured. Don’t delay in handling any correspondence of this nature you receive from the DMV, even if you are confident that your insurance is in effect. Contact your insurance agent, broker or company for assistance in responding to these letters or contact the DMV directly for information on how to handle such correspondence.

Discounts and Saving Money

When you receive your policy, check that the information used to determine your premium is correct. An auto insurer is required by law to provide specific rating information pages with your policy that explain how your policy is rated, what the classification codes mean, as well as how its surcharge system works. You should also check the information in your policy against these pages, and verify that:

  • your mailing and/or place of garaging address is correct
  • each vehicle is properly classified
  • all discounts to which you are entitled have been applied
  • the make and model of your vehicle(s) are correct
  • the age/birthdate(s) of the driver(s) are correct
  • the dates of any chargeable accident(s) and conviction(s) identified are correct

As an insurance shopper, you should check with your insurance company or agent or broker about possible discounts that may be applicable to you, such as those for senior citizens, car pools, low annual mileage and the “good student discount” offered to youthful operators meeting certain academic requirements. You can also save money with a “multi-car discount” by insuring all your cars with the same insurance company. Since rates are generally highest for youthful drivers, young drivers should inquire about a “driver training” discount offered by many insurers for those who have taken driver’s education classes.

Discounts are generally available in the following situations:

  • You may reduce your premium by taking a New York State Department of Motor Vehicles-approved accident prevention course in a classroom setting or via the internet. Your auto insurer is required to provide you with a listing of all sponsors of these courses with your policy or billing statement. The Department of Motor Vehicles maintains a current listing of approved sponsors that offer classroom courses and/or internet courses on its website. Auto insurers must apply a discount to the liability, collision and No-Fault coverages of your auto insurance policy for three years, if the principal operator of a vehicle has completed a qualified accident prevention course. In addition, taking this course entitles you to up to a four-point reduction of accumulated points from your driver's license. Contact the DMV for more details about how this benefits your driving record.
  • If your car is equipped with automatic seat belts or air bags, you qualify for a discount on your premiums for No-Fault and medical payments coverages. All private passenger automobiles that are model year 1990 or later are required by federal law to be equipped with at least one of these devices.
  • If your car is equipped with factory installed anti-lock braking system (ABS), you are entitled to a discount on the premiums for your liability, collision, No-Fault and medical payments coverages.
  • Several anti-theft devices qualify for a reduction on the comprehensive portion of the auto insurance premium. Eligible devices are generally alarm systems or permanently installed devices that prevent a car from being started. In addition, discounts are available for cars equipped with certain electronic-tracking devices, or in which the window glass (windshield, door glass, rear window, and sun/moon roof or T-Top) has been etched with the Vehicle Identification Number (VIN) or other identifying symbol qualifying under the law.
  • If your car is equipped with factory installed daytime running lamps (DRL), you are entitled to a discount on the premium for your liability, collision, No-Fault and medical payments coverages.
  • Some insurers give a discount for vehicles participating in a Combat Auto Theft (CAT) Program, in which vehicles displaying an official decal may be stopped, without other cause, by law enforcement officers if operated between 1 a.m. and 5 a.m., the prime vehicle theft period. This program is available in many areas of New York State, and requires the participation of the local police department. You may contact your local police precinct and your insurer to see if you are eligible for this program.
  • Some insurers give a “Careful Driver” or comparable discount for drivers who have been without a major incident (e.g., accident or conviction) for a certain period of time.
  • Some insurers offer a “Multi-Policy” or “Account” discount, which reduces your premiums on both auto and homeowners coverages when purchased from the same insurer.
  • Some insurers give discounts for senior citizens or retirees, because it is assumed that they drive less frequently than others.
  • Some insurers offer a discount for vehicles participating in a Telematics / Usage Based Insurance (UBI) program. The discount may be based on specific driving statistics uploaded from a telematics device installed in the vehicle (e.g. miles driven, time of day, acceleration and braking patterns, location (using GPS), etc.).
  • Some insurers offer a discount for vehicles equipped with certain safety/collision avoidance systems; for example, backup camera, lane assist or brake assist.
  • You may reduce your auto insurance costs by raising the deductibles on physical damage (collision and comprehensive) coverages or by eliminating these coverages on older vehicles. Review the amount of the deductibles you now carry on these coverages to determine whether it makes sense for you to absorb a larger portion of your loss in the event of an accident, in return for a lower premium charge. Your insurer is required to furnish you with information about how much you may save by adjusting deductibles.

Discounts List

A listing of various discounts and programs offered by top auto insurers is available for comparison.

Since the actual amount of these discounts may vary among insurers, ask your insurance company, agent or broker about any discounts that may apply to you. Most likely, you already get information about these discounts with your policy or billing statements. In addition, as stated previously, the dollar amount savings of any discounts required by law must be stated on the declarations page, or attachment thereto, of your policy.

Consumers can also save money by informing the insurer of any new conditions that may affect the nature of the insurance exposure, such as when a young driver in your family leaves home, or if a young driver goes to college more than 100 miles away and does not take the car. Most importantly, maintaining a good driving record will save you more by allowing you to qualify for the best rate.

Your final auto insurance premium will be based on many separate factors unique to each driver that may vary among insurance companies. Use the Automobile Insurance Checklist (PDF) handy when you shop for coverage. You'll be able to list the coverage limits and deductibles that you want in your policy and make sure that you receive all the discounts you’re entitled to.

Optional Additional Coverage

Beyond the coverage required by law, most insurance companies offer a wide range of optional auto insurance coverages at additional cost. The most popular and valuable options are discussed here.

Bodily Injury Liability

Buying increased bodily injury liability limits is a good idea for consumers seeking to protect their assets in case of a lawsuit resulting from an auto accident. If you have assets that you wish to protect, you should seriously consider purchasing higher limits of bodily injury liability coverage -- $50,000/$100,000, $100,000/$300,000, $250,000/$500,000 or even higher. Some insurers offer policies with a combined single overall limit for both bodily injury liability and property damage liability, rather than separate limits, which would then pay up to a single maximum amount for all damages caused by one accident regardless of how many persons are injured (e.g., $100,000, $300,000 or $500,000).

Property Damage Liability

Although the requirement for third party property damage liability coverage is currently $10,000, many cars today are worth far more. Given the high cost of automobile replacement and/or repair, the purchase of property damage liability limits higher than the required minimum limit of $10,000 should be considered by insureds. Property damage limits of $15,000, $25,000, $50,000 and higher are generally available for an additional premium.

Additional PIP (No-Fault) Benefits

It is often smart to buy more No-Fault protection, over the basic $50,000 minimum coverage limit of No-Fault benefits required by law. Because of No-Fault’s cost-effective design, extended No-Fault benefits represent a relatively inexpensive option.

For a modest additional premium, optional coverages are available that will pay more than the required basic No-Fault benefits. Consumers now have two choices:

  • You may purchase Additional PIP coverage, to raise the overall limit of No-Fault benefits available in case of an accident up to $100,000 or higher and, in the process, increase the potential maximum amounts of lost earnings payments, other necessary expenses or the death benefit, depending on the limit you select. Additional PIP also includes coverage for you and your family and, unlike basic No-Fault, extends to all out-of-state guest occupants in your car when driving anywhere in the United States, its territories and possessions, or Canada. For a minimal charge, you may also purchase additional personal injury protection solely to cover such guest occupants, without increasing the overall limit of No-Fault benefits.
  • Insurers must offer Optional Basic Economic Loss (OBEL) coverage. If purchased, this coverage elevates the required $50,000 of basic economic loss coverage by an additional $25,000. When the basic limit of $50,000 has been reached on a claim, this $25,000 can be designated by the injured person to be applied specifically to payments for loss of earnings from work (wage loss), for rehabilitation, or to all elements of basic economic loss.

Neither of these two additional No-Fault coverage options lengthens the three-year limit within which wage loss benefits are payable.

The availability of these No-Fault options makes optional medical payments coverage (see below) no longer as important as it had been, because that coverage (except for funeral expenses) responds only if No-Fault does not cover the situation or after No-Fault benefits, when applicable, are first exhausted.

Supplementary Uninsured/Underinsured Motorists (SUM) Coverage

One of the basic mandatory minimum coverages that comes with your auto policy is bodily injury protection against the negligent actions of an uninsured or hit-and-run motorist. You have the option to expand this basic protection. Supplementary Uninsured/Underinsured Motorists (SUM) coverage provides coverage for accidents occurring out-of-state (i.e., in any state or Canadian province) and if you have an accident with another vehicle that is insured but has bodily injury liability limits lower than yours. These instances are not covered under the basic required Uninsured Motorists coverage. However, the amount of SUM coverage may not exceed the bodily injury liability limits of your policy.

When you initially purchase an auto policy, your insurer will include SUM coverage in an amount equal to the bodily injury liability insurance limits of coverage under your auto liability insurance policy, unless you decline the coverage in its entirety or select a lower amount of coverage through a signed written waiver or electronically signed form provided by your insurer.

If you already have an auto policy, at least once a year, your insurer will notify you in writing of the availability of SUM coverage, an explanation of such coverage, and the coverage limits that can be purchased.

If SUM coverage has been purchased and you have an accident with another vehicle that is insured but has bodily injury liability limits lower than yours, or if such vehicle has no insurance at all, SUM coverage will be activated. The amounts paid under SUM by your policy up to its SUM limits will be reduced, or offset, by any amounts recovered from another party's auto insurance liability policy. Thus, if you are ever involved in an accident with other drivers, you can be sure that all family members who reside in your household are protected at least up to the amount of SUM coverage you have purchased from your own insurer.

Collision Coverage

With this optional insurance, your own insurer pays you, without regard to fault, for damage to your car caused by a collision with another car or any other object or your car overturning.

If you do not have collision coverage, and your car is damaged in an accident where the other party is at least partially at fault, you may still recover all or part of the damages to your vehicle by making a claim against that other vehicle's property damage liability insurance coverage for the proportion of damages for which the other driver was at fault.

Comprehensive Coverage

Under comprehensive coverage, your insurer pays you, without regard to fault, for damage to your car from all causes, other than collision, such as theft (of the car itself or its parts), fire, flood, windstorm, glass breakage, vandalism, hitting or being hit by an animal, or by falling or flying objects.

If your car is stolen comprehensive coverage will also provide a certain amount per day specified in your policy for transportation expenses (rental car, public transportation, etc.). Generally, this coverage is provided until the time the company makes an offer to settle your claim.

Comprehensive and collision deductible options generally offered are $100, $200 (standard), $250, $500 and $1,000. Coverage may also be sold where the deductible does not apply to window glass damage. Remember, generally, you will not be paid more than the actual cash value of your car (i.e., what the car is worth) at the time of an accident, which takes depreciation into account. Some insurers also offer "replacement coverage" which will pay the cost to replace a vehicle with a brand new vehicle of the same make and model. This coverage usually applies in limited circumstances, for example, only up to one to three years after the car is purchased.

Medical Payments Coverage

This insurance pays, without regard to fault, medical expenses and funeral expenses for you and your passengers, if an accident occurs involving your car, up to its stated limits.

Accidental Death and Dismemberment (AD&D) Coverage

Some insurers offer coverage that will pay you, your family members, or other occupants of your car, under the terms of the policy, a set amount for certain serious injuries or death caused by an accident while in your car. These AD&D amounts are payable in addition to any amounts collected under the No-Fault, liability, or other parts of the policy.

Supplemental Spousal Liability Insurance

Supplemental Spousal Liability (SSL) insurance covers the liability of an insured because of the death of or injury to the insured’s spouse for the liability insurance limits provided under the policy.

When you initially purchase insurance and indicate on the insurance application that you are married, your insurance company will send you a notice explaining that SSL insurance is provided unless declined, an explanation of the insurance along with the premium for the insurance, and the Supplemental Spousal Liability Insurance Declination Form to be used if you wish to decline this insurance. Even if you decline this insurance, a spouse is still eligible for no-fault insurance benefits as discussed earlier. If you did not indicate that you are married on the application, your insurance company will send you a notice upon policy issuance and at least once a year advising that SSL insurance is available, an explanation of the insurance along with the premium for the insurance.

If you currently have this insurance, your insurance company will send you a notice at renewal or amendment of the policy advising that the policy includes SSL insurance unless you decline the insurance, an explanation of the insurance along with the premium for this insurance and the Supplemental Spousal Liability Insurance Declination Form to  be used if you wish to decline this insurance. 

Other Coverage

Other optional coverages available from some companies are Towing and Labor Coverage, Extended Transportation Coverage (Rental Reimbursement) and Mechanical Breakdown Coverage. You should contact your insurer, agent or broker to discuss whether it would be advisable for you to purchase them. Some additional coverage may only be offered when comprehensive and/or collision coverage is purchased on the insured vehicle.

Factors Impacting Physical Damage Premiums

Premiums charged for physical damage coverages (collision and comprehensive) are based on the estimated cost of future claims for damage to, or loss of, the vehicle. Accordingly, higher-priced cars generally cost more to insure. In addition, repair cost, theft record, and the nature of damage a particular vehicle may incur in a crash impact the cost of insuring a particular vehicle. For example, vehicle A, which might be more expensive than vehicle B, may cost less to insure if it has a record of exhibiting less severe damage in crashes, or if it is stolen less frequently, when compared to vehicle B.

All new vehicles sold in New York State must have a "bumper-quality" sticker, specifying the maximum speed at which the vehicle would sustain no body damage and only minimal damage to the bumper and attachment hardware. This information can be useful, as vehicle damageability is a key factor in determining insurance costs.

Insurability will be higher, and physical damage insurance premiums will be lower, if your car has a good physical damage rating, relative to other makes and models. This rating reflects a car's strength and safety characteristics as well as its reparability and auto theft record.

Illustrations of the relative cost of insuring certain vehicles are set forth on the following page. This listing has been compiled from the Insurance Services Office, Inc. (ISO) Rating Symbol program, which may be utilized by many auto insurers in New York. ISO utilizes a 75 Symbol program and separate symbols for collision and comprehensive coverages, reflecting the differing loss experience between the two coverages. It should be noted that these collision and comprehensive symbols are subject to change periodically. Please also be aware that the list of vehicle symbols provided is only a sample listing of vehicles. In any case, you may wish to check with your insurance representative for an insurance cost quote on a particular vehicle before purchasing one.

Higher symbol numbers reflect greater claim cost and, therefore, higher premiums.

Filing Damage and No-Fault Claims

If you are involved in an auto accident, you should promptly report it to your insurance company, as well as to the local police department. If the amount of damage caused in the accident is over $1,000, or if anyone sustains any injury, you must file an accident report with the Department of Motor Vehicles. This form, MV-104, will usually be included with any claim forms sent to you by your insurer.

The auto insurance policy is probably the most purchased yet least read contract in existence. It is extremely important that you read your policy to determine exactly what reporting requirements are included, so that you can meet them and reduce difficulty in the handling of claim. Some people do not realize what is and is not covered by their policy until it is too late.

Filing a No-Fault Claim

If you are injured in a motor vehicle accident, file a written notice of claim with the No-Fault insurer that identify the injured person(s), along with reasonably obtainable information regarding the time, place and circumstances of the accident, as soon as reasonably practicable, but in no event more than 30 calendar days after the date of the accident, unless you can submit written proof providing clear and reasonable justification for late filing. Generally, if the accident took place in New York State, you should file your No-Fault claim with the insurer of the vehicle you were in when the accident occurred or, if you were a pedestrian, with the insurer of the vehicle that struck you. If the accident was outside of New York State, and you were in a vehicle other than your own, file your claim with your own insurance company. If you were injured in a motor vehicle accident while you were a passenger on a bus your no-fault benefits would be provided by your automobile policy or the automobile policy of a member of your household. If you or a member of your household does not have automobile insurance then the insurer of the bus would provide your no-fault benefits.

If you (or a relative with whom you live) do not have an auto insurance policy, and are injured by or while in an uninsured vehicle, or by a hit-and-run driver, you should file your claim for No-Fault benefits with MVAIC. It is important that the accident be reported to the proper authority within 24 hours.

Within five business days after the insurer (or MVAIC) receives this notice of claim, they are required to send you an Application for Benefits and a letter explaining the No-Fault coverage available and your rights and obligations. Once you receive the Application for Benefits form, complete and return it as soon as possible.

If you need medical treatment, you: (1) can pay the doctor or hospital directly and submit your receipts or bills to the insurer for reimbursement; or (2) allow the doctor or hospital to submit their bills directly to the No-Fault insurer for payment.

No-Fault benefits are paid in accordance with prescribed fee schedules, which the health care provider is required by law to accept as full payment. It is important that you make clear to the health care provider that you are being treated for injuries related to an auto accident. Unless additional verification is requested, the insurer is required to make payment within 30 days of receipt of your healthcare provider's claim with supporting proof of medical necessity or your employer's (or self-employed) report of earnings you have lost.

If the insurer fails to make a timely payment of a No-Fault claim, it must pay 2% interest per month on the unpaid amounts and any reasonable attorney’s fees (in accordance with Insurance regulations) you have incurred in order to collect your overdue No-Fault benefits.

If all or part of your No-Fault benefits are denied or paid late, you may: (1) file a complaint with the Department, as detailed later in this Guide; (2) request No-Fault arbitration; or (3) bring an action in court. No-Fault arbitration can be requested if the insurer denies your claim in whole or part, fails to make a timely payment of benefits owed, or fails to inform you in a timely manner if your claim has been denied.

The No-Fault arbitration process is designed to resolve disputes as swiftly as possible. The results of arbitration are final and binding on all parties (unless appealed under certain strict circumstances). For a detailed description of how to file a request for No-Fault arbitration see Chapter XIV.

Filing a Physical Damage Claim

If your car is damaged or stolen and you have auto collision or comprehensive insurance coverage, you have the right to a prompt and fair settlement from your insurance company, either for the amount of the damages or the actual cash value of the car, whichever is lower. If your car is stolen and subsequently recovered, your insurer must pay for the damage done to the car while it was missing, the cost of towing, any reasonable storage charges, and substitute transportation expenses.

NY Regulation 64 is designed to assure a prompt and fair settlement from your insurance company. This regulation provides the guidelines and time limits within which an insurer must handle any claims you make, under auto collision and comprehensive insurance, and with property damage liability claims you make against another driver.

Under these regulatory standards, in responding to a claim made under the comprehensive or collision coverages of your policy, your auto insurer must do the following:

  • inspect the damaged vehicle and make a good faith offer within six business days after receiving notification of the loss, provided that your car is available for inspection. A good faith offer is one that can be backed up with the name of a Department of Motor Vehicles-registered repair shop that will perform the repairs at the insurer’s offer;
  • promptly give you or your authorized representative a detailed written estimate of the cost of repairs;
  • upon your request, identify a conveniently located auto repair shop that will repair your car at the insurance company's estimated cost of repair and give you a written guarantee, backed by your insurer, of the work performed; however, you retain the right, pursuant to the Insurance Law, to choose which shop will repair your damaged vehicle;
  • pay the actual cash value (retail value plus sales tax), which is subject to depreciation and applicable deductions, if your car is a total loss because it was stolen or damaged beyond repair, or replace it with a substantially similar car, in accordance with governing regulatory standards;
  • make payment within five (5) business days after you and the insurer have agreed upon a settlement;
  • furnish you with a written explanation of the reasons for delay if your claim has not been settled within 30 days after the date you notified the insurer of the loss.

If your car is stolen, most insurers will reimburse you for your car rental expenses up to the amount stated in the policy. Some auto insurers issue a policy with “optional rental car reimbursement coverage”, which also pays for such expenses when your car cannot be operated during a covered collision or comprehensive loss, other than theft.

With respect to collision and other physical damage claims, your insurance company is required to obtain from you and your auto body repair shop a “Certification of Automobile Repairs” form, in order to determine the extent to which your damaged car has been repaired. If you fail to submit this form, your loss settlement on a subsequent loss may be reduced. In addition, in the case of a loss that included a deployed or stolen airbag, such airbag is required to be replaced. (The insurer has the right to verify that the airbag was deployed or stolen and to take possession of a deployed airbag.)