As a New York traffic ticket lawyer, I am often asked “Will a conviction to a New York speeding ticket affect my insurance rates?” This question is often asked because insurance rates are one of the primary reasons why someone would want to fight a speeding ticket. The short answer is “maybe”.
Under Insurance Law Section 2335, New York insurance companies may raise a motorist’s insurance rates for a number of reasons. The ones involving the issuance of traffic tickets are set forth below:
- Motorist is convicted of driving sixteen (16) miles per hour (or more) over the limit
- Motorist is convicted of speeding and/or reckless driving on 3 or more occasions
- Motorist is convicted of speeding or reckless driving where injury or death results
- Motorist is convicted of driving while intoxicated or impaired (alcohol or drugs)
- Motorist is convicted of leaving the scene of an accident without reporting it
- Motorist is convicted or 2 or more moving violations
So what does this mean?
For a motorist with a clean record (i.e., no points, no accidents), a conviction to most “small” moving violations will NOT result in your insurance rates being raised. Examples of such violations are speeding 15 mph (or less), disobey a red light, running a stop sign, failure to signal, and improper turns.
A second conviction, however, to a “small” offense can be used to raise your rates. Further, a conviction to speeding 16+ mph alone is enough for your insurance company to raise your rates.
The next question commonly asked is “How long will a traffic conviction be held against me for insurance rate purposes?” The answer is 36 months from the date of conviction.
The lesson behind Section 2335 is that it does not take much for an insurance company to have a basis to raise your rates. One “big” speeding ticket (16+ mph) or two “small” traffic tickets is enough. Therefore, it is generally worthwhile fighting any New York speeding ticket or traffic, and try and reduce or eliminate points.
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What is the affect on nys license and nys insurance rates of 80 in a 65 in NC? I read nys insurance law section 2335 and it seems like my rates could go up on the renewal date which occurs four months after the violation or is the policy date measured from the date I first paid a premium to my insurer in 1991? Thank you.
Carla,
I do not practice law in North Carolina so I cannot answer your question.
In regard to your question about your insurance renewal date, just check your current policy to determine when it expires. The day after is your new policy date.
Matthew Weiss
Thank you for the response but let me clarify that I live in New York and have a New York license. So my question is how will that out of state ticket (from North Carolina) affect my license? Will points point be added to my New York license? With respect to my insurance, how long is the “free pass” provided by the statute good for? Is it good for three years? Five years? Or only until my next renewal which is in six months? Thank you.
Carla,
A North Carolina conviction will not result in any points being placed on your New York license (i.e., points do not transfer). The NC conviction will be reported to NY and, therefore, your NY insurance company can use it to possibly raise your rates. To learn about the relationship between traffic tickets and your auto insurance rates, read my article entitled “How Traffic Tickets Affect Auto Insurance Rates“.
Now, in North Carolina, the DMV will keep track of convictions that occur in North Carolina with your NY license. You can penalized in North Carolina in the same manner that a NC driver would be penalized.
Matthew Weiss
I received a speeding ticket in 03/11 but was only convicted in 02/12, my insurance didn’t pick it when I renewed. When I renew again the points shouldn’t be on my license anymore. Does an insurance company look for convictions or points when they run your license?
Tammy,
Auto insurance companies generally look at your driving record when you renew. They focus on convictions and accidents. If your speeding conviction was for 16+ mph, then your rates can be increased. If your speed was 15 mph (or less), then your rates cannot increase (assuming you have an otherwise clean record).
Matthew Weiss