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This entry was published on 2021-01-01
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SECTION 2335
Motor vehicle liability insurance rates; prohibition of surcharges for certain accidents and traffic infractions
Insurance (ISC) CHAPTER 28, ARTICLE 23
* § 2335. Motor vehicle liability insurance rates; prohibition of
surcharges for certain accidents and traffic infractions. No insurer
authorized to transact or transacting business in this state, or
controlling or controlled by or under common control by or with an
insurer authorized to transact or transacting business in this state,
which sells a policy providing motor vehicle liability insurance
coverage in this state shall increase the policy premium in connection
with the insurance permitted or required by this chapter solely because
the insured or any other person who customarily operates an automobile
covered by the policy:

(a) has had an accident that does not result in aggregate damage to
property in excess of two thousand dollars, provided that any policy
surcharge shall be permissible for any accident which results in bodily
injury or if the insured has more than one accident in the merit rating
experience period. Nothing in this subsection shall change the dollar
amount of the accident reporting threshold required under paragraph one
of subdivision (a) of section six hundred five of the vehicle and
traffic law.

(b) has been found guilty of a traffic infraction under any of the
provisions of the vehicle and traffic law provided, however, that this
provision shall not apply to a conviction for a violation which occurred
during the thirty-six month period ending on the last day of the fourth
month preceding the month of the effective date of the policy if such
conviction consisted of:

(1) operating a motor vehicle at a speed of more than fifteen miles
per hour in excess of the legal limit;

(2) operating a motor vehicle in excess of the speed limit, or in a
reckless manner, where injury or death results therefrom;

(3) operating a motor vehicle in excess of the speed limit, or
reckless driving, or any combination thereof, on three or more
occasions;

(4) operating a motor vehicle while intoxicated or impaired by the
consumption of alcohol;

(5) operating a motor vehicle while impaired by the use of a drug,
within the meaning of section one thousand one hundred ninety-two of the
vehicle and traffic law;

(6) homicide or assault arising out of the use or operation of a motor
vehicle, or criminal negligence in the use or operation of a motor
vehicle resulting in the injury or death of another person, or use or
operation of a motor vehicle directly or indirectly in the commission of
a felony;

(7) operating a motor vehicle while seeking to avoid apprehension or
arrest by a law enforcement officer;

(8) filing or attempting to file a false or fraudulent automobile
insurance claim, or knowingly aiding or abetting in the filing or
attempted filing of any such claim;

(9) leaving the scene of an incident without reporting;

(10) filing a false document with the department of motor vehicles, or
using a license or registration obtained by filing a false document with
the department of motor vehicles;

(11) operating a motor vehicle in a race or speed test;

(12) knowingly permitting or authorizing an unlicensed driver to
operate a motor vehicle insured under the policy;

(13) operating a motor vehicle insured under the policy without a
valid license or registration in effect, except when the person
convicted had possessed a valid license or registration which had
expired and was subsequently renewed, or during a period of revocation
or suspension thereof, or in violation of the limitations applicable to
a license issued pursuant to article twenty-one or article twenty-one-a
of the vehicle and traffic law; or

(14) two or more moving violations of any other provision of the
vehicle and traffic law;

(c) has had a temporary suspension of a driver's license pending a
hearing, prosecution or investigation or an indefinite suspension of a
driver's license which is issued because of the failure of the person
suspended to perform an act, which suspension will be terminated by the
performance of the act by the person suspended, or has had more than one
such temporary or indefinite suspension arising out of the same incident
issued against him or her, provided that the foregoing provisions of
this section shall not apply if such suspension or suspensions has or
have not been terminated on or before the effective date of the policy;
or

(d) with respect to a non-commercial private passenger automobile
insurance policy, has had an accident while operating a commercial
vehicle in the course of employment and in the discharge of the
employee's duties at the time of the accident, unless the accident is
determined to have been caused by the intentional action or gross
negligence of the insured.

* NB Expires July 1, 2023