2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 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