Saturday, June 9, 2007

Auto Insurance

If you own a car, auto insurance is not just an option—it is a legal necessity. And you wouldn't want it any other way. If you are involved in an accident or have your car stolen, owning the right kind of auto insurance can help to ease a difficult situation. The information below will provide some answers and help you ask the right questions in order to find the most appropriate solutions.



What is auto insurance?
Auto insurance protects you against financial loss if you have an accident. It is a contract between you and the insurance company. You agree to pay the premium and the insurance company agrees to pay your losses as defined in your policy.

Auto insurance provides property, liability and medical coverage:

  • Property coverage pays for damage to or theft of your car.

  • Liability coverage pays for your legal responsibility to others for bodily injury or property damage.
  • Medical coverage pays for the cost of treating injuries, rehabilitation and sometimes lost wages and funeral expenses.
An auto insurance policy is comprised of six different kinds of coverage. Most states require you to buy some, but not all, of these coverages. If you're financing a car, your lender may also have requirements.

Most auto policies are for six months to a year. Your insurance company should notify you by mail when it’s time to renew the policy and to pay your premium.


What is covered by a basic auto policy?
Your auto policy may include six coverages. Each coverage is priced separately.
1. Bodily Injury Liability

This coverage applies to injuries that you, the designated driver or policyholder, cause to someone else. You and family members listed on the policy are also covered when driving someone else’s car with their permission.

It’s very important to have enough liability insurance, because if you are involved in a serious accident, you may be sued for a large sum of money. Definitely consider buying more than the state-required minimum to protect assets such as your home and savings.
2. Medical Payments or Personal Injury Protection (PIP)

This coverage pays for the treatment of injuries to the driver and passengers of the policyholder's car. At its broadest, PIP can cover medical payments, lost wages and the cost of replacing services normally performed by someone injured in an auto accident. It may also cover funeral costs.
3. Property Damage Liability

This coverage pays for damage you (or someone driving the car with your permission) may cause to someone else's property. Usually, this means damage to someone else’s car, but it also includes damage to lamp posts, telephone poles, fences, buildings or other structures your car hit.
4. Collision

This coverage pays for damage to your car resulting from a collision with another car, object or as a result of flipping over. It also covers damage caused by potholes. Collision coverage is generally sold with a deductible of $250 to $1,000—the higher your deductible, the lower your premium. Even if you are at fault for the accident, your collision coverage will reimburse you for the costs of repairing your car, minus the deductible. If you're not at fault, your insurance company may try to recover the amount they paid you from the other driver’s insurance company. If they are successful, you'll also be reimbursed for the deductible.
5. Comprehensive

This coverage reimburses you for loss due to theft or damage caused by something other than a collision with another car or object, such as fire, falling objects, missiles, explosion, earthquake, windstorm, hail, flood, vandalism, riot, or contact with animals such as birds or deer.

Comprehensive insurance is usually sold with a $100 to $300 deductible, though you may want to opt for a higher deductible as a way of lowering your premium.

Comprehensive insurance will also reimburse you if your windshield is cracked or shattered. Some companies offer glass coverage with or without a deductible.

States do not require that you purchase collision or comprehensive coverage, but if you have a car loan, your lender may insist you carry it until your loan is paid off.
6. Uninsured and Underinsured Motorist Coverage

This coverage will reimburse you, a member of your family, or a designated driver if one of you is hit by an uninsured or hit-and-run driver.

Underinsured motorist coverage comes into play when an at-fault driver has insufficient insurance to pay for your total loss. This coverage will also protect you if you are hit as a pedestrian.



Can I drive legally without insurance?
NO! Almost every state requires you to have auto liability insurance. All states also have financial responsibility laws. This means that even in a state that does not require liability insurance, you need to have sufficient assets to pay claims if you cause an accident. If you don’t have enough assets, you must purchase at least the state minimum amount of insurance. But insurance exists to protect your assets. Trying to see how little you can get by with can be very shortsighted and dangerous.

If you've financed your car, your lender may require comprehensive and collision insurance as part of the loan agreement.

Below is an example of the state minimum limits for auto liability insurance. The first number refers to liability limits for bodily injury for any one person, the second to limits for all persons injured, and the third refers to property damage liability limits. For example, 20/40/10 means coverage up to $40,000 for all persons injured in an accident, subject to a limit of $20,000 for one individual and $10,000 coverage for property damage.




Proof of insurance required (1)



State

Insurance required (2)

Minimum liability limits (3)

At registration

At time of accident

At all times in vehicle

Insurer verification of insurance (4)

Penalties for noncompliance (first offense)
ALBI & PD Liab20/40/10Yes YesYes c$500 fine, license suspension (6)
AKBI & PD Liab50/100/25NoNo (5)Yesblicense suspension/revocation (6)
AZBI & PD Liab15/30/10No (7)YesYesa,b,d$250 fine, license suspension
ARBI & PD Liab, PIP25/50/25YesNoNob,d$50-$250 fine
CABI & PD Liab15/30/5 (8)YesYesYesa,b,d$100-$200 fine
COBI & PD Liab25/50/15YesYesYesa,d$500 fine
CTBI & PD Liab, UM, UIM20/40/10YesYesYesaregistration suspension
DEBI & PD Liab, PIP15/30/10NoYesYesb,c,d$1,500-$2,000 fine; six-month license suspension
DCBI & PD Liab, UM25/50/10YesYesYesa,c$300-$500 fine or maximum 30 days jail
FLPD Liab, PIP10/20/10 (9)YesYesYesa,dlicense/registration revocation (6)
GABI & PD Liab25/50/25YesYesYesa,d$200-$1,000 fine, maximum 12 months jail (6)
HIBI & PD Liab, PIP20/40/10NoYesYesa$500 fine
IDBI & PD Liab25/50/15NoYesYesnone$75 fine
ILBI & PD Liab, UM20/40/15YesYesYesb,c$500-$1,000 fine
INBI & PD Liab25/50/10YesYesNoa1-year license and/or registration suspension
IABI & PD Liab20/40/15NoYesYesaremoval of license plates/registration receipt, possible impoundment
KSBI & PD Liab, PIP, UM25/50/10YesNoNoa$300-$1,000 fine, maximum 6 months jail
KYBI & PD Liab, PIP25/50/10YesYesYesa,d$500-$1,000 fine and/or up to 90 days in jail
LABI & PD Liab10/20/10YesNo (5)Yesa,d$50 reinstatement fee, confiscation of plates
MEBI & PD Liab, UM, UIM 50/100/25 (10)NoYesYesa,b$100-$500 fine, 30-day license and registration suspension (6)
MDBI & PD Liab, PIP (11), UM20/40/15YesNoNoaup to $1,000 fine and/or 1-year jail (6)
MABI & PD Liab, PIP, UM20/40/5YesNoNoa,d$500-$5,000 fine or maximum 1-year jail (6)
MIBI & PD Liab, PIP20/40/10YesNoNoa$200-$500 fine or maximum 1-year jail (6)
MNBI & PD Liab, PIP, UM, UIM30/60/10NoYesYesc$200-$1,000 fine, maximum 90-days jail (6)
MSBI & PD Liab25/50/25NoYesYesa$500 fine, license suspension
MOBI & PD Liab, UM25/50/10YesYesYesa,dlicense and registration revocation, $20 reinstatement fee (6)
MTBI & PD Liab25/50/10NoYesYesa$250-$500 fine or not more than 10 days in jail
NEBI & PD Liab25/50/25YesYesYesa,b$500 fine (6), license and registration suspension
NVBI & PD Liab15/30/10NoYesYesa,dup to $1,000 fine (6)
NHFR only, UM25/50/25NoNo (5)NoNonenone
NJBI & PD Liab, PIP, UM15/30/5 (12)NoYesYesa,d$300-$1,000 fine, community service, 1-year license suspension
NMBI & PD Liab25/50/10YesNoNoa,c,dup to $300 fine, registration suspension (6)
NYBI & PD Liab, PIP, UM25/50/10 (13)YesYesYesa,d$150-$1,500 fine, maximum 15-days jail
NCBI & PD Liab30/60/25NoNoNoa,d$50 fine, 30-day registration suspension (6)
NDBI & PD Liab, PIP, UM25/50/25NoNo (5)Noc$150 fine, registration revocation, license suspension
OHBI & PD Liab12.5/25/7.5NoYesYesa,c90-day license suspension, $75 reinstatement fee
OKBI & PD Liab25/50/25YesYesYesa,d*$250 fine, no more than 30 days jail, license and registration suspension (6)
ORBI & PD Liab, PIP, UM25/50/10NoYesYesa,clicense suspension and/or revocation (6)
PABI & PD Liab, PIP15/30/5NoYesYesa$300 fine, license and registration suspension (6)
RIBI & PD Liab, UM25/50/25 (9)NoNoNoc$100-$500 fine, up to 3 months license/registration suspension
SCBI & PD Liab, UM25/50/25YesYesYesa,d$100-$200 fine, less than 30 days jail
SDBI & PD Liab, UM25/50/25NoYesYesaup to 1-year license suspension (6)
TNBI & PD Liab25/50/10 (9)NoNoYesaup to $100 fine
TXBI & PD Liab20/40/15YesYesNoa,b**$175-$350 fine
UTBI & PD Liab, PIP25/50/15 (9)NoYesYesd$400 fine
VTBI & PD Liab, UM, UIM25/50/10NoYesYescless than $100 fine, license suspension (6)
VABI & PD Liab, UM25/50/20NoNoNoa,b,c,dnone
WABI & PD Liab25/50/10NoNoNoa$250 fine, community restitution (6)
WVBI & PD Liab, UM20/40/10YesYesYesa30-day license suspension, registration revocation, $200-$5,000 fine
WIFR only, UM25/50/10NoNoNoalicense and or registration revocation (6)
WYBI & PD Liab25/50/20YesYesYesc,d*up to $750 fine; up to six months in jail
(1) Proof of valid insurance. The form of evidence varies by state and may take the form of an insurance policy, binder, certificate of self-insurance, surety bonds, or certificate of deposit. Many states require insurance identification cards issued by the insurer. Self-certification, where the driver is required to identify the insurer and policy number in writing rather than in person, is not included. "Yes" in "At all times" columns includes states where drivers must produce proof on demand.

(2) Compulsory Coverages:

BI Liab=Bodily injury liability

PD Liab=Property damage liability

UM=Uninsured motorist

PD=Physical damage

Med=First party (policyholder) medical expenses

UIM=Underinsured motorist

PIP=Personal Injury Protection. Mandatory in no-fault states. Includes medical, rehabilitation, loss of earnings and funeral expenses. In some states PIP includes essential services such as child care.

FR=Financial responsibility only. Insurance not compulsory.

(3) The first two numbers refer to bodily injury liability limits and the third number to property liability. For example, 20/40/10 means coverage up to $40,000 for all persons injured in an accident, subject to a limit of $20,000 for one individual, and $10,000 coverage for property damage.

(4) a. Insurer must notify Department of Motor Vehicles or other state agency of cancellation or nonrenewal.

b. Insurer must verify financial responsibility or insurance after an accident or arrest.

c. Insurer must verify randomly selected insurance policies upon request.

d. Insurers must submit entire list of insurance in effect, which may be compared with registrations at a state agency. Also known as a computer data law.
Also includes cases where insurers are required to report new issues and/or renewals.

(5) Insured must provide evidence of insurance at some point after the accident to the Department of Insurance, other state agency, or law enforcement officer. Deadlines vary among the states.

(6) Penalties are provided for in the law but may not be mandatory for first offenses.

(7) Proof of insurance must be presented within 30 days of registration.

(8) Low-cost policy limits for low-income drivers in the California Automobile Assigned Risk Plan are 10/20/3.

(9) Instead of policy limits, policyholders can satisfy the requirement with a combined single limit policy. Amounts vary by state.

(10) In addition, policyholders must also carry at least $1,000 for medical payments.

(11) May be waived for the policyholder but is compulsory for passengers.

(12) Basic policy (optional) limits are 10/10/5. Uninsured and underinsured motorist coverge not available under the basic policy but uninsured motorist coverage is required under the standard policy.

(13) In addition, policyholders must have 50/100 for wrongful death coverage.

*The system must be operational by July 1, 2008.
**SB 1670, effective September 1, 2005 requires the Texas Department of Insurance to establish a vehicle insurance verification system.





What if I lease a car?
If you lease a car, you still need to buy your own auto insurance policy. The auto dealer or bank that is financing the car will require you to buy collision and comprehensive coverage. You'll need to buy these coverages in addition to the others that may be mandatory in your state, such as auto liability insurance.

  • Collision covers the damage to the car from an accident with another automobile or object.

  • Comprehensive covers a loss that is caused by something other than a collision with another car or object, such as a fire or theft or collision with a deer.
The leasing company may also require "gap" insurance. This refers to the fact that if you have an accident and your leased car is damaged beyond repair or "totaled," there's likely to be a difference between the amount that you still owe the auto dealer and the check you'll get from your insurance company. That's because the insurance company's check is based on the car's actual cash value which takes into account depreciation. The difference between the two amounts is known as the "gap."

On a leased car, the cost of gap insurance is generally rolled into the lease payments. You don't actually buy a gap policy. Generally, the auto dealer buys a master policy from an insurance company to cover all the cars it leases and charges you for a "gap waiver." This means that if your leased car is totaled, you won't have to pay the dealer the gap amount. Check with the auto dealer when leasing your car.

If you have an auto loan rather than a lease, you may want to buy gap insurance to protect yourself from having to come up with the gap amount if your car is totaled before you've finished paying for it. Ask your insurance agent about gap insurance or search the Internet. Gap insurance may not be available in some states.



Do I need insurance to rent a car?
When renting a car, you need insurance. If you have adequate insurance on your own car, including collision and comprehensive, this may be enough.

Before you rent a car:

  1. Contact your insurance company.
    Find out how much coverage you have on your own car. In most cases, the coverage and deductibles you have on your personal auto policy would apply to a rental car, providing it's used for pleasure and not business. If you don't have comprehensive and collision coverage on your own car, you will not be covered if your rental car is stolen or if it is damaged in an accident.

  2. Call your credit card company.
    Find out what insurance your card provides. Levels of coverage vary.

If you don't have auto insurance, you have two choices: you can buy coverage at the car rental counter; or you can purchase a a non-owner auto liability insurance policy .
Rental car counter insurance

Rental car counter insurance can provide the following coverage:
  1. Collision Damage Waiver (CDW).
    Sometimes called a Loss Damage Waiver (LDW), this coverage relieves you of financial responsibility if your rental car is damaged or stolen. The CDW may be void, however, if you cause an accident by speeding, driving on unpaved roads or driving while intoxicated. This coverage generally costs between $9 and $19 a day. If you have comprehensive and collision on your own car, you may not need to purchase this coverage.

  2. Liability Insurance.
    This provides excess liability coverage of up to $1 million for the time you rent a car. Rental companies are required by law to provide the minimum level of liability insurance required by your state. Generally, this does not offer enough protection in a serious accident. If you have adequate liability coverage on your car or an umbrella policy on your home/auto, you may consider forgoing this additional insurance. It generally costs about $9 to $14 a day. If you don't own a car, and rent cars often, consider purchasing a non-owner liability policy. This costs approximately $200 - $300 per year. Frequent car renters sometimes find this more cost-effective than constantly paying for the extra liability coverage.

  3. Personal Accident Insurance.
    This provides coverage to you and your passengers for medical/ambulance bills. This type of insurance, usually costs about $1 to $5 per day, but may be unnecessary if you are covered by health insurance or have adequate medical coverage under your auto policy.

  4. Personal Effects Coverage.
    This provides coverage for the theft of personal items in your car. However, if you have homeowners or renters insurance, you may be covered for items stolen from the car, minus your deductible. You need to have receipts or other proof of ownership. This type of insurance usually costs about $1 to $4 per day.
Some rental car companies combine personal accident and personal effects coverage together as one type of insurance, while others sell it individually.

The cost of insurance at the rental car counter will vary depending on the rental car company, state, and location of the dealer and the type of car you rent.

Some rental car companies may check your credit and driving history and may deny coverage. Check with the rental car company to find out its policy.
Non-owned auto liability insurance

Instead of buying liability coverage from the car rental company each time you rent a car, you can purchase a non-owner auto liability insurance policy from an insurance company for about $300 a year which might be cheaper if you rent frequently.

In addition, if you're thinking of buying an umbrella liability policy, a non-owner auto policy may meet the underlying auto insurance policy requirements. Umbrella liability insurance provides high limits of liability coverage above basic policies. Most insurers will not issue an umbrella liability policy unless the basic policies meet certain dollar limits of coverage.

A non-owned auto insurance policy covers you for damage you may cause to some else’s car and liability for injuries to its occupants, or to pedestrian, in the event of an accident. The policy will also provide medical payments coverage for you and your passengers, and under-insured and uninsured coverage. This pays for the cost of an accident involving a hit-and-run driver or a driver who has little or no insurance.

However, non-owned auto insurance does not provide collision coverage. Collision coverage pays for damage to the car you’re driving if you crash into another car or object or the car rolls over. You have to buy this from the car rental company. However, some credit cards provide collision coverage if the rental car is paid for with the card—so check with your credit card company first.
Note: If you're renting a car abroad, you may need an international drivers license.



What are the driving laws in my state?
AUTOMOBILE FINANCIAL RESPONSIBILITY LAWS

Most states require car owners to buy a minimum amount of bodily injury and property damage liability insurance before they can legally drive their cars. All states have financial responsibility laws. This means that people involved in an automobile accident will be required to furnish proof of financial responsibility up to certain minimum dollar limits. To comply with financial responsibility laws, most drivers purchase automobile liability insurance. The insurance industry and consumer groups generally recommend a minimum of $100,000 of bodily injury protection per person and $300,000 per accident since accidents may cost far more than the minimum limits mandated by most states.
AUTOMOBILE FINANCIAL RESPONSIBILITY LIMITS AND ENFORCEMENT BY STATE





Proof of insurance required (1)



State

Insurance required (2)

Minimum liability limits (3)

At registration

At time of accident

At all times in vehicle

Insurer verification of insurance (4)

Penalties for noncompliance (first offense)
ALBI & PD Liab20/40/10Yes YesYes c$500 fine, license suspension (6)
AKBI & PD Liab50/100/25NoNo (5)Yesblicense suspension/revocation (6)
AZBI & PD Liab15/30/10No (7)YesYesa,b,d$250 fine, license suspension
ARBI & PD Liab, PIP25/50/25YesNoNob,d$50-$250 fine
CABI & PD Liab15/30/5 (8)YesYesYesa,b,d$100-$200 fine
COBI & PD Liab25/50/15YesYesYesa,d$500 fine
CTBI & PD Liab, UM, UIM20/40/10YesYesYesaregistration suspension
DEBI & PD Liab, PIP15/30/10NoYesYesb,c,d$1,500-$2,000 fine; six-month license suspension
DCBI & PD Liab, UM25/50/10YesYesYesa,c$300-$500 fine or maximum 30 days jail
FLPD Liab, PIP10/20/10 (9)YesYesYesa,dlicense/registration revocation (6)
GABI & PD Liab25/50/25YesYesYesa,d$200-$1,000 fine, maximum 12 months jail (6)
HIBI & PD Liab, PIP20/40/10NoYesYesa$500 fine
IDBI & PD Liab25/50/15NoYesYesnone$75 fine
ILBI & PD Liab, UM20/40/15YesYesYesb,c$500-$1,000 fine
INBI & PD Liab25/50/10YesYesNoa1-year license and/or registration suspension
IABI & PD Liab20/40/15NoYesYesaremoval of license plates/registration receipt, possible impoundment
KSBI & PD Liab, PIP, UM25/50/10YesNoNoa$300-$1,000 fine, maximum 6 months jail
KYBI & PD Liab, PIP25/50/10YesYesYesa,d$500-$1,000 fine and/or up to 90 days in jail
LABI & PD Liab10/20/10YesNo (5)Yesa,d$50 reinstatement fee, confiscation of plates
MEBI & PD Liab, UM, UIM 50/100/25 (10)NoYesYesa,b$100-$500 fine, 30-day license and registration suspension (6)
MDBI & PD Liab, PIP (11), UM20/40/15YesNoNoaup to $1,000 fine and/or 1-year jail (6)
MABI & PD Liab, PIP, UM20/40/5YesNoNoa,d$500-$5,000 fine or maximum 1-year jail (6)
MIBI & PD Liab, PIP20/40/10YesNoNoa$200-$500 fine or maximum 1-year jail (6)
MNBI & PD Liab, PIP, UM, UIM30/60/10NoYesYesc$200-$1,000 fine, maximum 90-days jail (6)
MSBI & PD Liab25/50/25NoYesYesa$500 fine, license suspension
MOBI & PD Liab, UM25/50/10YesYesYesa,dlicense and registration revocation, $20 reinstatement fee (6)
MTBI & PD Liab25/50/10NoYesYesa$250-$500 fine or not more than 10 days in jail
NEBI & PD Liab25/50/25YesYesYesa,b$500 fine (6), license and registration suspension
NVBI & PD Liab15/30/10NoYesYesa,dup to $1,000 fine (6)
NHFR only, UM25/50/25NoNo (5)NoNonenone
NJBI & PD Liab, PIP, UM15/30/5 (12)NoYesYesa,d$300-$1,000 fine, community service, 1-year license suspension
NMBI & PD Liab25/50/10YesNoNoa,c,dup to $300 fine, registration suspension (6)
NYBI & PD Liab, PIP, UM25/50/10 (13)YesYesYesa,d$150-$1,500 fine, maximum 15-days jail
NCBI & PD Liab30/60/25NoNoNoa,d$50 fine, 30-day registration suspension (6)
NDBI & PD Liab, PIP, UM25/50/25NoNo (5)Noc$150 fine, registration revocation, license suspension
OHBI & PD Liab12.5/25/7.5NoYesYesa,c90-day license suspension, $75 reinstatement fee
OKBI & PD Liab25/50/25YesYesYesa,d*$250 fine, no more than 30 days jail, license and registration suspension (6)
ORBI & PD Liab, PIP, UM25/50/10NoYesYesa,clicense suspension and/or revocation (6)
PABI & PD Liab, PIP15/30/5NoYesYesa$300 fine, license and registration suspension (6)
RIBI & PD Liab, UM25/50/25 (9)NoNoNoc$100-$500 fine, up to 3 months license/registration suspension
SCBI & PD Liab, UM25/50/25YesYesYesa,d$100-$200 fine, less than 30 days jail
SDBI & PD Liab, UM25/50/25NoYesYesaup to 1-year license suspension (6)
TNBI & PD Liab25/50/10 (9)NoNoYesaup to $100 fine
TXBI & PD Liab20/40/15YesYesNoa,b**$175-$350 fine
UTBI & PD Liab, PIP25/50/15 (9)NoYesYesd$400 fine
VTBI & PD Liab, UM, UIM25/50/10NoYesYescless than $100 fine, license suspension (6)
VABI & PD Liab, UM25/50/20NoNoNoa,b,c,dnone
WABI & PD Liab25/50/10NoNoNoa$250 fine, community restitution (6)
WVBI & PD Liab, UM20/40/10YesYesYesa30-day license suspension, registration revocation, $200-$5,000 fine
WIFR only, UM25/50/10NoNoNoalicense and or registration revocation (6)
WYBI & PD Liab25/50/20YesYesYesc,d*up to $750 fine; up to six months in jail
(1) Proof of valid insurance. The form of evidence varies by state and may take the form of an insurance policy, binder, certificate of self-insurance, surety bonds, or certificate of deposit. Many states require insurance identification cards issued by the insurer. Self-certification, where the driver is required to identify the insurer and policy number in writing rather than in person, is not included. "Yes" in "At all times" columns includes states where drivers must produce proof on demand.

(2) Compulsory Coverages:

BI Liab=Bodily injury liability

PD Liab=Property damage liability

UM=Uninsured motorist

PD=Physical damage

Med=First party (policyholder) medical expenses

UIM=Underinsured motorist

PIP=Personal Injury Protection. Mandatory in no-fault states. Includes medical, rehabilitation, loss of earnings and funeral expenses. In some states PIP includes essential services such as child care.

FR=Financial responsibility only. Insurance not compulsory.

(3) The first two numbers refer to bodily injury liability limits and the third number to property liability. For example, 20/40/10 means coverage up to $40,000 for all persons injured in an accident, subject to a limit of $20,000 for one individual, and $10,000 coverage for property damage.

(4) a. Insurer must notify Department of Motor Vehicles or other state agency of cancellation or nonrenewal.

b. Insurer must verify financial responsibility or insurance after an accident or arrest.

c. Insurer must verify randomly selected insurance policies upon request.

d. Insurers must submit entire list of insurance in effect, which may be compared with registrations at a state agency. Also known as a computer data law.
Also includes cases where insurers are required to report new issues and/or renewals.

(5) Insured must provide evidence of insurance at some point after the accident to the Department of Insurance, other state agency, or law enforcement officer. Deadlines vary among the states.

(6) Penalties are provided for in the law but may not be mandatory for first offenses.

(7) Proof of insurance must be presented within 30 days of registration.

(8) Low-cost policy limits for low-income drivers in the California Automobile Assigned Risk Plan are 10/20/3.

(9) Instead of policy limits, policyholders can satisfy the requirement with a combined single limit policy. Amounts vary by state.

(10) In addition, policyholders must also carry at least $1,000 for medical payments.

(11) May be waived for the policyholder but is compulsory for passengers.

(12) Basic policy (optional) limits are 10/10/5. Uninsured and underinsured motorist coverge not available under the basic policy but uninsured motorist coverage is required under the standard policy.

(13) In addition, policyholders must have 50/100 for wrongful death coverage.

*The system must be operational by July 1, 2008.
**SB 1670, effective September 1, 2005 requires the Texas Department of Insurance to establish a vehicle insurance verification system.


Source: Property Casualty Insurers Association of America; state departments of insurance and motor vehicles.

STATE AUTO INSURANCE LAWS GOVERNING LIABILITY COVERAGE



First-party benefits

Restrictions on lawsuits

Thresholds for lawsuits

“True”
no-fault

Compulsory

Optional

Yes

No

Monetary

Verbal
FloridaX
X

X
HawaiiX
X
X
KansasX
X
X
KentuckyX
XX (1)X (1)
MassachusettsX
X
X
MichiganX
X

X
MinnesotaX
X
X
New JerseyX
XX (1)
X (1), (2)
New YorkX
X

X
North DakotaX
X
X
PennsylvaniaX
XX (1)
X (1)
UtahX
X
X
Puerto RicoX
X
X







Add-on





Arkansas
X
X

DelawareX

X

D.C.
XX (3)X (3)

MarylandX

X

New Hampshire
X
X

OregonX

X

South Dakota
X
X

Texas
X
X

Virginia
X
X

Washington
X
X

Wisconsin
X
X

(1) “Choice” no-fault state. Policyholder can choose a policy based on the no-fault system or traditional tort liability.
(2) Verbal threshold for the Basic Liability Policy, the Special Policy and the Standard Policy where the policyholder chooses no-fault. The Basic and Special Policies contain lower amounts of coverage.
(3) The District of Columbia is neither a true no-fault nor add-on state. Drivers are offered the option of no-fault or fault-based coverage, but in the event of an accident a driver who originally chose no-fault benefits has 60 days to decide whether to receive those benefits or file a claim against the other party.

Source: American Insurance Association.

  • In the following 28 states auto liability is based on the traditional tort liability system. In these states, there are no restrictions on lawsuits:

    Alabama
    Alaska
    Arizona
    California
    Colorado
    Connecticut
    Georgia
    Idaho
    Illinois
    Indiana
    Iowa
    Louisiana
    Maine
    Mississippi
    Missouri
    Montana
    Nebraska
    Nevada
    New Mexico
    North Carolina
    Ohio
    Oklahoma
    Rhode Island
    South Carolina
    Tennessee
    Vermont
    West Virginia
    Wyoming
SEAT-BELT LAWS

Only 24 states and the District of Columbia have a primary seat-belt enforcement law, which allows law enforcement officers to stop a car for noncompliance with seat-belt laws. The other states have secondary laws; officials can only issue seat-belt violations if they stop motorists for other infractions. New Hampshire is the only state that does not have a seat-belt law that applies to adults.
  • Seat-belt use reached a record 82 percent nationwide in June 2005. States with primary seat-belt laws had an average 85 percent usage rate, versus 75 percent in states with secondary laws.
STATE SEAT-BELT USE LAWS


State

Enacted legislation effective date

2006 usage rate (1)

Primary enforcement (2)

Additional information (3)
Alabama6/1/200082.9%X$25 fine; front seat only
Alaska9/12/199083.2Xhighway only; over age 16, $60; under age 16, $200 plus two points on license; all seats; damage mitigation by case law only
Arizona1/1/1991NA
damage mitigation; $10 fine; all seats
Arkansas7/15/199169.3
$25 fine; front seat only
California1/1/198693.4X$20 fine; all seats
Colorado7/1/198780.3
$15 fine; front seat only; limited damage mitigation
Connecticut1/1/198683.5X$15-$37 fine; front seat only
Delaware1/1/199286.1X$25 fine; all seats
D.C.12/12/198585.4X$50 fine; all seats
Florida7/1/1986NA
damage mitigation; $30 fine; all seats
Georgia9/1/1988NAX$15 fine; all seats
Hawaii12/16/198592.5X$45 fine; all seats
Idaho7/1/198679.8
$25 fine; all seats
Illinois7/1/198587.8X$25 fine; front seat only (4)
Indiana7/1/198784.3X$25 fine; front seat only
Iowa7/1/198689.6Xdamage mitigation up to 5% max; $10 fine; front seat only
Kansas7/1/198673.5
$10 fine; front seat only
Kentucky7/13/199467.2X$25 fine; all seats
Louisiana7/1/198674.8X$25 fine; front seat only
Maine12/27/199577.2X$50 fine; all seats
Maryland7/1/1986NAX$25 fine; front seat only
Massachusetts2/1/199466.9
$25 fine; all seats
Michigan4/1/200094.3Xdamage mitigation up to 5% max; $25 fine; all seats
Minnesota10/1/198683.3
$25 fine; front seat only
Mississippi3/20/199073.6X$25 fine; all seats
Missouri9/28/198575.2(5)damage mitigation up to 1% max; $10 fine; all seats
Montana10/1/198779.0
$20 fine; all seats
Nebraska1/1/199376.0
damage mitigation up to 5% max; $25 fine; front seat only
Nevada7/1/1987NA
$25 fine; all seats
New Hampshire
NA
under 18 yrs old: $25 fine
New Jersey5/1/200090.0X$20 fine; damage mitigation; all seats
New Mexico1/1/198689.6X$25 fine; all seats
New York12/1/198483.0Xdamage mitigation; $50 fine; all seats
North Carolina10/1/198588.5X$25 fine; front seat only
North Dakota7/14/199479.0
damage mitigation; $20 fine; front seat only
Ohio5/6/198681.7
damage mitigation; $20-$30 fine; front seat only
Oklahoma2/1/198783.7X$20 fine; front seat only
Oregon12/7/199094.1Xdamage mitigation; $75 fine; all seats
Pennsylvania11/23/1987NA
$10 fine; front seat only
Rhode Island6/1/1991NA(5)$57 fine; all seats
South Carolina7/1/198972.5X$10 fine; all seats
South Dakota1/1/199571.3
$20 fine; front seat only
Tennessee4/21/198678.6Xup to $50 fine
Texas9/1/198590.4X$200 fine; all seats
Utah4/28/198688.6(5)$45 fine; all seats
Vermont1/1/199482.4
$25 fine; all seats
Virginia1/1/198878.7
$25 fine; front seat only
Washington6/11/198696.3X$37 fine; all seats
West Virginia9/1/1993NA
damage mitigation up to 5% max for medical expenses only; $25 fine; all seats
Wisconsin12/1/198775.4
damage mitigation up to 15% max; $10 fine; all seats
Wyoming6/8/198963.5
$10-$25 fine; all seats
United States
81.0

(1) Surveys used by states must be actual observation of shoulder belt use by drivers and front seat passengers.
(2) Primary enforcement means police may stop a vehicle and issue a fine for noncompliance with seat belt laws. In other states, the law provides for secondary enforcement. This means that police may issue a fine for not wearing a seat belt only if the vehicle has been stopped for other traffic violations.
(3) Applies to motor vehicle operators and passengers who are 16 years old and older. Damage mitigation means that a violation may result in damages, a legal term meaning court awarded compensation for injury, being reduced up to a certain percentage. Fines are the maximum allowed by law.
(4) All seats if driver is under 18.
(5) Primary enforcement for children; ages vary.

NA=Data not available.

Source: National Highway Traffic Safety Administration, U.S. Department of Transportation; Insurance Institute for Highway Safety.

DRUNK DRIVING LAWS

By 2004 every state and the District of Columbia had lowered the limit defining drunk driving from 0.10 BAC (blood-alcohol content) to 0.08.
STATE LAWS CURBING DRUNK DRIVING



License revocation




State

Admin. Iicense rev./ susp. (1)

Manda-tory 90-day license rev./ susp. (2)

Open con-tainer law (3)

Prelim. breath test permit-ted by law

DWI plea bargain-ing prohib-ited
AlabamaXXX

AlaskaXXX (4)X
ArizonaXXXXX
ArkansasXX

X
CaliforniaXXXXX
ColoradoXXXXX
ConnecticutXX


DelawareXX
X
D.C.XXXX
FloridaXXXXX (5)
GeorgiaXXX

HawaiiXXXX (5)
IdahoXXX

IllinoisXXXX
IndianaXXXX (5)
IowaXXXX
KansasX
X (4)XX
Kentucky

XXX (5)
LouisianaXXX

MaineXXX

MarylandX
X X
MassachusettsXXX

Michigan

XXX (5)
MinnesotaXXXX
MississippiXX
XX
MissouriX

X
Montana

XX
NebraskaXXXX
NevadaXXXXX
New HampshireXXXX
New Jersey

X
X (6)
New MexicoXXX
X (5)
New York(7)
XXX
North CarolinaX
XX (5)
North DakotaXXXX
OhioXXX

OklahomaXXX (4)

OregonXXX
X
Pennsylvania

XXX (5)
Rhode Island

X (4)X
South CarolinaXXX

South Dakota

XX
Tennessee

X (4)

TexasXXX

UtahXXX
X (5)
VermontXXXX
VirginiaX

X
WashingtonXXX

West VirginiaXX
X
WisconsinXXXX
WyomingXXX (4)
X

(1) On-the-spot drivers license suspension or revocation if BAC is over the legal limit or the driver refuses to take a BAC test.
(2) Mandatory penalty for violation of the implied consent law, which means that drivers who refuse to take a breath alcohol test when stopped or arrested for drunk driving will have their license revoked or suspended.
(3) Prohibits unsealed alcohol containers in motor vehicle passenger compartments for all occupants. Arresting officer not required to witness consumption.
(4) Applies only to the driver.
(5) With limitations or conditions.
(6) Not specifically for drunk driving; Attorney General has established a no plea bargain policy.
(7) Administrative license suspension lasts until prosecution is complete.

Source: U.S. Department of Transportation, National Highway Traffic Safety Administration; Insurance Institute for Highway Safety; Property Casualty Insurers Association of America; Insurance Information Institute.

  • All states and the District of Columbia have adopted 21 as the legal drinking age.

  • All states have more stringent restrictions for under-21 drivers, ranging from zero tolerance to a limit of 0.02 BAC.

  • A death is considered alcohol-related when any person involved in the accident had some measure of alcohol in his or her blood, even if it was below the legal limit.

  • There is an alcohol-related traffic death in the United States every 31 minutes and an injury every 2 minutes.

  • In 2005, 16,885 traffic deaths were alcohol-related, down 0.2 percent from 16,919 in 2004.

  • In 2005, 39 percent of all traffic fatalities were alcohol-related, unchanged from 2004 but down from 51 percent in 1990.

  • A major factor in the long-term downward trend in alcohol-related fatalities is the enactment, beginning in the 1980s, of state laws designed to deter drunk driving such as:

    — Requiring persons to be at least 21 years old before they can purchase alcohol

    — Mandatory drivers license revocation when a driver’s BAC level is above the state’s legal limit

    — Lowering the legal BAC level to 0.08

    — Prohibiting open containers of alcoholic beverages in motor vehicles

    — Increasing measures to prevent underage drivers from obtaining alcohol

    — Canceling the vehicle registration of drivers who have had their licenses suspended or revoked due to alcohol-related offenses

    — Instituting sobriety checkpoints
OLDER DRIVERS

“Older” drivers (age 70 and above) have higher rates of fatal crashes, based on estimated annual travel, than any other group except young (under age 21) drivers, according to the U.S. Department of Transportation, in part because they are less likely to survive the trauma of an accident.

Recognizing the higher fatality rates and the need for older drivers to retain their mobility and independence, some states issue restricted licenses. Depending on ability, older drivers may be limited to driving during daylight hours or on nonfreeway types of roads. In most states, restrictions such as these can be placed on anyone’s drivers license, regardless of age, if his or her medical condition warrants it.
STATE DRIVERS LICENSE RENEWAL LAWS INCLUDING REQUIREMENTS FOR OLDER DRIVERS



Require retest for renewals at all ages (1)

Age at which states require older drivers to pass tests



State

Vision

Road

Know-
ledge

Medical

Vision

Road

Know-
ledge

Medical

Require doctors to report medical conditions (2)

Age limits on mail renewal
Alabama









AlaskaX(3)X





69
ArizonaX(3)

65



70
ArkansasX








CaliforniaX(3)X(3)



X (4)70
ColoradoX(3)(3)X




61
Connecticut



65



65
Delaware
(3)(3)(3)(3)(3)(3)(3)X
D.C.



70757570

FloridaX(3)(3)
80



(13)
GeorgiaX

(3)



X64
HawaiiX(3)
(3)
(3)(3) (3)

IdahoX(3)
(3)





Illinois(5)
X (3)
75



Indiana


(3)


(3)

Iowa
(3)(3)(3)





KansasX(3)X






Kentucky
(3)
(3)





LouisianaX(3)X
70



70
Maine



40, 62 (6)




MarylandX(3)(3)
40

(3)

Massachusetts









MichiganX(3)X(3)





MinnesotaX
X






Mississippi
(3)(3)






MissouriX








MontanaX(3)






(13)
NebraskaX(3)(3)






NevadaX (7)(3)(3)
65

70 (8) X(14)
New HampshireX



75



New Jersey(9)






X
New Mexico









New York
(3)(3)(3)





North CarolinaX(3)X (3)





North DakotaX(3)(3)






OhioX(3)(3)(3)





Oklahoma(9)








Oregon



50


X
Pennsylvania(10)

(8)45 (11)

45 (11)X
Rhode IslandX(3)
(3)





South CarolinaX(3)(3)(3)65




South DakotaX








Tennessee (12)








TexasX

(3)





Utah
(3)(3)X 65


X
Vermont









VirginiaX
(3)
80




Washington(3)(3)(3)X





West Virginia







X
Wisconsin
(3)
(3)





WyomingX(3)(3)






(1) Periodic retests. Some states will waive vision retests for mail renewal or clean-record drivers.
(2) Physicians must report physical conditions that might impair driving skills.
(3) Retesting only for cause, e.g., after specific number of accidents or other points and infractions, for specific physical conditions; sometimes at examiner’s discretion.
(4) Specifically requires doctors to report a diagnosis of dementia.
(5) 8-year vision re-examination.
(6) Vision tests are required at first renewal at age 40; at every second renewal after age 40; at every renewal after age 62.
(7) Except for in-state renewals by mail, unless applicant is over 70.
(8) Renewing by mail.
(9) 10 percent of all renewals are screened.
(10) 10 percent of drivers at or over 45 randomly chosen for medical and/or vision test.
(11) Random re-examination at specified age.
(12) Will retest at renewal for nonspecified cause.
(13) Only two successive renewals may be made electronically or by mail, regardless of age.
(14) All drivers must renew in person every 8 years.

Source: U.S. Department of Transportation, Federal Highway Administration; AARP; American Automobile Association; American Association of Motor Vehicle Administrators; Insurance Institute for Highway Safety.

YOUNG DRIVER LAWS

Young drivers account for a disproportionate number of motor vehicle crashes. States are increasingly adopting laws to help lower the crash rate. One approach has been to lower blood alcohol content (BAC) limits so those young drivers who drink even small amounts of alcohol will be penalized. Another has been to require a more rigorous learning period before granting young drivers the privilege of a drivers license. This requires young drivers between the ages of 15 and 18 to apply for a graduated drivers license (GDL) to help them improve their driving skills and habits before receiving full driving privileges.

Graduated licensing as defined by the National Highway Traffic Safety Administration consists of three stages. Some of the requirements and recommendations included in Stage 1 (learner’s permit) are a vision test, a road knowledge test, driving accompanied by a licensed adult, safety-belt use by all vehicle occupants, a zero BAC level, and six months with no crashes or convictions for traffic violations. Stage 2 (intermediate license) includes the completion of Stage 1, a behind-the-wheel road test, advanced driver education training, driving accompanied by a licensed adult at night, and 12 consecutive months with no crashes or convictions for traffic offenses before reaching Stage 3 (full license).

Every state has some form of restriction on young drivers. Most states and the District of Columbia have three-stage graduated licensing systems, but the systems vary in strength. Other states have enacted only some components of graduated licensing.


  • Motor vehicle crashes are the leading cause of death among 15- to 20-year olds.

  • Among licensed drivers, motorists between the ages of 15 and 20 have the highest rate of fatal crashes relative to other age groups, including the elderly.

  • Immaturity and lack of driving experience are the two main factors leading to the high crash rate among teens. Graduated licensing laws have been successful in reducing teen motor vehicle accidents, according to the Insurance Institute for Highway Safety.
STATE YOUNG DRIVER LAWS (1)



Graduated licensing (2)



State

Learners permit required for a minimum period

Intermediate or provisional license required

Restrictions on night driving (3)

Passenger restrictions (4)

Driver may not operate a cell phone in learner and/or intermediate stages
Alabama6 monthsXXX
Alaska6 monthsXXX
Arizona5 months



Arkansas6 monthsX


California6 monthsXXXX (5)*
Colorado12 months XXX (6)X
Connecticut6 months (7)XXXX (5)
Delaware6 monthsXXXX
D.C.6 monthsXXXX (5)
Florida12 monthsXX

Georgia12 monthsXXX
Hawaii6 monthsXXX
Idaho6 monthsXXX
Illinois3 monthsXXXX
Indiana2 monthsXXX
Iowa6 monthsXX

Kansas6 months



Kentucky6 monthsXXX
Louisiana6 monthsXX

Maine6 monthsXXXX
Maryland6 monthsXXXX
Massachusetts6 monthsXXX
Michigan6 monthsXX

Minnesota6 monthsX

X
Mississippi6 monthsXX

Missouri6 monthsXXX
Montana6 months XXX
Nebraska6 months**XXX**X**
Nevada6 months (8)XXX
New Hampshire3 months (9)XXX
New Jersey6 monthsXXXX (5)
New Mexico6 monthsXXX
New York6 months (10)XXXX (5)
North Carolina12 monthsXX (11)XX (12), (13)
North Dakota6 months



Ohio6 monthsXXX
Oklahoma 6 monthsXXX
Oregon6 monthsXXX
Pennsylvania6 monthsXX

Rhode Island6 monthsXXXX (12)
South Carolina6 monthsXXX
South Dakota6 months (7)XX

Tennessee6 monthsXXXX
Texas6 monthsXXXX
Utah6 monthsXX (14)X
Vermont 12 monthsX
X
Virginia9 monthsXXXX***
Washington6 monthsXXX
West Virginia6 monthsXXXX
Wisconsin6 monthsXXX
Wyoming10 daysXXX

(1) Designed to aid young novice drivers between the ages of 15 and 18 gain driving experience. To date they apply only to drivers under the age of 18. All states have lower blood alcohol content laws for under-21 drivers which range from none to 0.02, in contrast with 0.08 for drivers over the age of 21 in all states.

(2) Graduated licensing as defined by the National Highway Traffic Safety Administration.

(3)
Vary by state with regard to age of driver, night hours that driving is restricted, and who must accompany driver during night hours. Exceptions may be made for work, school activities or emergencies.

(4) Limits the number of passengers a young driver may have in the vehicle to eliminate distractions.

(5) Laws ban all drivers from using handheld cell phones.

(6) For the first six months, newly licensed teen drivers must not transport under-21 passengers unless a licensed driver over age 21 is present. During the next six months, teen drivers may transport only one under-21 passenger.

(7) Required for a shorter period if driver has taken a drivers education course.

(8) Driver education required of all licensed applicants under age 18 unless there is no program within a 30-mile radius of the applicant's residence.

(9)
New Hampshire does not issue learner’s permits. The minimum holding period refers to the intermediate license for 16-and 17-year-olds for the first 3 months only.

(10) Minimum holding period applies to the limited junior driver license for permit holders who pass a road test and certify 20 or more hours of practice; with some restrictions.

(11) For the first six months after a learner’s permit is issued. Thereafter there are no restrictions.

(12) For drivers younger than 18.

(13) Cell phone restriction does not apply to calls with physicians, parent, guardian or spouse.

(14) Drivers under age 17 may operate a vehicle between the hours of 12:00 am and 5:00 am if driving directly to the driver's residence from a school-sponsored activity for which transportation to and from the school property was provided.

*Effective July 1, 2008. **Effective January 1, 2008. ***Effective July 1, 2007.

Source: Insurance Institute for Highway Safety; U.S. Department of Transportation, National Highway Traffic Safety Administration; National Conference of State Legislatures; Insurance Information Institute.

5 comments:

Anonymous said...

This is great info to know.

Anonymous said...

Keep up the good work.

Anonymous said...

Excellent beat ! Ӏ wish to apprenticе whіle you
amend your web site, how coulԁ i subscribe fοг a
blog site? The account helped me a acceptable deal.
I hаd been tinу bit acquaintеd of this yοur broadсaѕt proviԁed bright
сlear ideа

my web ρage; drmansooruddinmohilacollege.com

Anonymous said...

I have been browsing online more than three
hours today, yet I never found any interesting article like yours.

It is pretty worth enough for me. Personally, if all site owners and bloggers made good content as you did, the net will be a
lot more useful than ever before.

Feel free to visit my weblog; subzero refrigerator & appliance repair Valrico

Anonymous said...

It's actually very complex in this busy life to listen news on Television, therefore I simply use internet for that reason, and obtain the newest news.

Here is my web page Bench Craft Company advertising agencies in atlanta internships