N.Y. Insurance Law § 2335: Motor vehicle liability insurance rates; prohibition of surcharges for certain accidents and traffic infractions

* § 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, 2026