NJ Car
Insurance, Points and rate increases.
Auto
insurance is required in New Jersey. As a New Jersey driver, you have many
choices when it comes to purchasing auto insurance. Each choice you make
affects the coverage you receive and the amount you pay.
As with
any major purchase, you need to understand the product before you buy it. The
New Jersey Department of Banking and Insurance has prepared this guide to help
you understand auto insurance and explain how to shop for the coverage that
best
suits your
needs. Whether you are buying a new insurance policy or renewing your current
policy, this guide will outline how to make choices that work for you.
It is
important to remember that you have the right to change your coverages and
policy limits at any time, even if you are not near your renewal date.
If you
need more information about auto insurance options, visit the Department’s web
site, www.dobi.nj.gov, or call
or write to the Department. Contact information is located on the back cover of this guide.
Table of Contents
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Where Should You Start? ........... 1 What’s
in a Policy? ....................... 2
What are the
Types of Policies? .......................... 4
What are Limits
and Deductibles? ........................... 5
Do You Want an Unlimited
Right to Sue? .................................. 8
What is the Assigned
Risk Market? ................................... 9
What is Tier Rating? ................... 11
What Affects the
Cost of Auto Insurance?.............12
What is Insurance Scoring? ...... 17
What Should Every
New Driver Know?......................21
What Should You Do
if You’re in an Accident?............24
Who is At Fault? ..........................
26 What are Your Rights?...............28 What is Auto Insurance Fraud? .. 32
Frequently Asked Questions ...... 33
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Where Should You Start?
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Auto insurance helps protect you and your family from
losses resulting from motor vehicle accidents. It is required in New Jersey.
If you drive without insurance, you are breaking the law!
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Whether
you are buying a new insurance policy or renewing your current policy, you will
make many decisions about what coverage you need and how much you can pay in premium (the amount of money a
company charges for insurance coverage). Some things to consider:
Understand Your Needs
Do you
rent or own your own home? Do you have assets to protect (including income from
a job)? Will your own health insurance cover auto accident injuries? How much
insurance coverage can you afford? These are some of the questions you should
ask yourself before choosing a specific coverage plan.
Understand Your Options
Use this
guide to learn about the words and phrases used in auto policies. Know the many
coverage options. Review the different benefits of each option. (See pages 2-9).
Understand Consumer Protections
As a New Jersey auto insurance consumer, you have rights. (See pages 28-31.) You have the right to fair and equal treatment, and you have the right to get the information you need to make
As a New Jersey auto insurance consumer, you have rights. (See pages 28-31.) You have the right to fair and equal treatment, and you have the right to get the information you need to make
informed
decisions.
1
Remember...
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Agents, brokers and companies must inform
you of your coverage options when applying for a new policy, or at any time
upon your request if you are already insured. You have the right to know
how each choice may affect what you pay and what your benefits would be
in the event of an accident. You always have the right to ask about
additional options.
You can shop for auto insurance at any
time – not just when your policy is up for renewal, and if you find a
better price, you can cancel your old policy and seek a refund of your unused
premium.
You have the right to change your
coverages and policy limits at any time, even if you are not near your
renewal date. If you select options that save you money, you have a right to
a refund of your unused premium within 60 days.
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What’s in a Policy?
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Insurance policies use terms that may be unfamiliar to the
average driver. It is useful to understand what these terms mean so you can
make better, more informed decisions about your coverage.
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Coverages — Your auto insurance
policy is divided into different coverages based on the type of claim that will be paid to you or
others. (A claim is a request
to an insurer for payment or reimbursement of a loss covered by the terms of an
insurance policy.) These coverages are:
Personal Injury Protection —
Otherwise known as “PIP,” this is
your medical coverage for injuries you (and others) suffer in an auto accident.
PIP pays if you or other persons covered under your policy are injured in an
auto accident. It is sometimes called “no-fault” coverage because it pays your own medical
expenses no matter who caused the
auto accident. PIP has two parts — (1) coverage for the cost of treatment you
receive from hospitals, doctors and other medical providers and any medical
equipment that may be needed to treat your injuries and (2) reimbursement for
certain other expenses you may have because you are hurt, such as lost wages
and the need to hire someone to take care of your home or family. You may
purchase both parts of PIP coverage or medical treatment coverage only,
depending upon your needs.
Liability — This coverage pays others
for damages from an auto accident that you cause. It also pays for a lawyer to defend you if
you are sued for damages that you cause.
There are
two kinds of liability coverage: Bodily Injury and Property Damage.
Bodily Injury Liability Coverage — Pays for
claims and lawsuits by people who are injured or die as a result of an accident
you cause. (See pages 8 and 9 for lawsuit options). It
compensates others for pain, suffering and economic damages, such as lost
wages. This coverage is typically given as two separate dollar amounts: (1) an
amount paid per individual and (2) an amount paid for total injuries to all
people injured in any one accident that you cause.
Property Damage Liability Coverage — Pays for
claims and lawsuits by people whose property is damaged as a result of an auto
accident you cause.
These
coverages can sometimes be purchased as a combined single limit, which offers a maximum limit of
protection per accident of bodily
injury and property damage liability
combined.
2
What’s in a Policy?
Uninsured Motorist Coverage — Pays you
for property damage or bodily injury if you are in an auto accident caused by an uninsured motorist (a driver
who does not have the minimum level of insurance required by law). Claims that
you would have made against the uninsured driver who caused the accident are
paid by your own policy. Uninsured motorist coverage does not pay benefits to the
uninsured driver.
Underinsured Motorist Coverage — Pays you
for property damage or bodily injury if you are in an auto accident caused by a driver who is insured, but who has
less coverage than your underinsured motorist coverage. When
damages are greater than the limits of the other driver’s policy, the
difference is covered by your underinsured motorist coverage.
*Claims paid under uninsured or underinsured motorist coverage
exclude the first $500 in damages.
Collision Coverage — Pays for
damage to your vehicle as the result of a collision with another car or other
object. Collision coverage pays you for damage that you cause to your automobile. You can
also make a claim
What does Underinsured Motorist Coverage pay for?
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Jane purchases $100,000 in liability
coverage and $100,000 in underinsured motorist coverage. Sam purchases
only $15,000 in liability coverage.
Sam crashes his car into Jane’s car, causing
$25,000 in damages. Sam’s insurance company pays Jane $15,000 of the damages,
while Jane’s insurance company pays the remaining $10,000 (*less a
$500 exclusion) from her underinsured motorist coverage.
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Remember...
under your
own collision coverage for damage to your car from an auto accident you did not cause. This may
take less time than making a
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Comprehensive (also property
damage liability claim against the driver
known as “comp” or “Other Than Collision”) and
Collision coverages are not required by law, but may be required
under the terms of an automobile leasing or financing contract.
who caused
the auto accident. Your insurer then seeks reimbursement from the insurer of
the driver who caused the auto accident. (See page 27.)
Comprehensive Coverage — Pays for
damage to your vehicle that is not a result of a collision, such as theft of
your car, vandalism, flooding, fire or a broken windshield. However, it will
pay if you collide with an animal.
What are the Types of Policies?
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There are two common types of auto insurance policies in
New Jersey — they are referred to as Standard and Basic. Both offer options
as well. The chart on page 7 compares the differences between the policies.
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Standard Policy — The
Standard Policy provides a number of different coverage options and the
opportunity to buy additional protection. Most New Jersey drivers choose this
policy.
Things to note if you choose the Standard
Policy:
- Even if you choose one of the lower PIP limits, in some instances you will be
covered for medically necessary treatment up to $250,000 for certain
permanent or significant injuries, regardless of your selected limit. Amounts paid under the permanent or significant PIP
provision will be applied to and will reduce any amount payable under the
lower PIP limit chosen.
- A minimum amount of Uninsured/Underinsured Motorist coverage is required. You
can purchase higher limits if you want more coverage, but cannot exceed
your primary liability limits.
- Comprehensive and Collision
coverages are
available as options of the Standard
Policy.
(Some insurers may provide these options in the Basic Policy.)
Basic Policy — The
Basic Policy usually costs less than a Standard Policy, but provides limited
benefits. It is not for everyone, but it does provide enough coverage to meet
the minimum insurance requirements of New Jersey law. The Basic Policy could be
an option for those with few family responsibilities and few assets to protect
(including income from a job).
Special Policy for Medicaid Recipients Only
What is the SAIP?
The Special Automobile Insurance Policy
(SAIP) is a new initiative to help make limited auto insurance coverage
available to drivers who are eligible for Federal Medicaid with
hospitalization. Such drivers can obtain a medical coverage-only policy at
a cost of $365 a year. For more information, ask your agent or call the New
Jersey Department of Banking and Insurance at 1-800-446-7467.
4
What are Limits and Deductibles?
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In addition to choosing coverage options, you must choose
the amount of coverage you want to buy and the amount you are willing to pay
out of pocket in the event of an accident.
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Limits — The maximum dollar amount the
insurer will pay following an auto accident. Limits vary with each coverage
within the policy. (See chart, page 7.)
Deductibles — Payments you have to make
before the
insurer pays for a covered loss. For example, a $750 deductible
means that you pay the first $750 of each claim.
Deductibles vary by company and type of
means that you pay the first $750 of each claim.
Deductibles vary by company and type of
coverage.
In addition to any savings you may realize from how much coverage you buy, you
can also save money by choosing higher deductibles. The amount you save by
selecting a higher deductible will vary by company.
(Below you’ll find limit and/or deductible
information for the coverages discussed on pages 2 and 3.)
Bodily Injury and Property Damage Liability
Coverage
Limit — Coverages can sometimes be purchased as a combined single
Limit — Coverages can sometimes be purchased as a combined single
limit, which offers a maximum limit of
protection per accident. Personal
Injury Protection (PIP)
Deductible Options — If you
feel you need a high level of PIP coverage but want to reduce your premium, you can save money by
agreeing to pay more out of pocket through a higher deductible if you are
injured in an auto accident. Your insurer will pay the medical bills over the
deductible amount you choose. No matter what deductible you choose, there is a
20 percent co-payment for medical expenses between the deductible selected and
$5,000. That means you pay 20 percent, and your insurer pays 80 percent.
What is a Deductible?
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John has a car accident. His repair shop
estimates the cost of repairs at $2,000. John pays $750 of the bill (his deductible)
and his insurance company pays the remainder.
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Example
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Sam and Jane each have an accident that
results in $10,000 of medical expenses. Sam chose the minimum $250
deductible. He pays the $250 deductible plus $950 (20 percent of the $4,750
that is left of the first $5,000) and the insurer pays the remaining $8,800).
Jane chose the $2,500 PIP deductible for a 25 percent reduction in the PIP
premium. She pays the first $2,500 as the deductible. She also pays $500 (20
percent of the $2,500 that is left of the first $5,000) and the insurer pays
the remaining $7,000.
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Health Care Primary — Cost
savings can also be achieved by using your own health insurance as a primary
source of coverage in the case of injury related to an auto accident. Before
selecting this option, you should find out if your health insurance will cover
auto accident injuries and how much coverage is provided. Medicare and Medicaid
cannot be used for the
Health Care Primary Option.
Extra PIP Package Coverage — These
are additional benefit options provided under the Standard Policy.
Income Continuation — If you
cannot work due to accident-related injuries, this coverage pays lost wages,
less Temporary Disability Benefits you may receive if your disability prevents
you from working, up to the amount you select.
Essential Services — Pays for
necessary services that you normally do yourself, such as cleaning your house,
mowing your lawn, shoveling snow or doing laundry, if you are injured in an
auto accident.
Death Benefit — In the
case of death, family members or estates will receive any benefits not already
collected under the income continuation and essential services coverages.
Funeral Expense Benefit — Pays for
reasonable funeral expenses up to the limit you select if you die as a result
of an auto accident.
Comprehensive and Collision Coverages
Deductible Options — The
standard deductible for Comprehensive
and Collision coverages is $750. Higher and lower deductibles are
available as options. (Remember:
Higher deductibles can reduce your premium.)
Named Driver Exclusion — Prevents
certain drivers on your policy from being covered by and charged for collision and/or comprehensive coverage on a
specific automobile. This can lower your premium, but if the excluded driver
operates the automobile for any reason and is involved in an auto accident, you
are not insured for collision and/or comprehensive coverage; which means you
could be personally responsible for damage to your own vehicle. (Remember: This exclusion is only for physical damage coverage; insurers
are permitted to rate licensed drivers in your household who are not insured on
another policy for other coverages on your policy.)
Uninsured/Underinsured Motorist Coverage
Limit — This coverage is sold together
and is available up to the selected limits of your liability coverage.
What are Limits and Deductibles?
6
The chart below compares the differences
between the Standard and Basic policies and explains the amounts of coverage
you may be able to purchase from an insurer.
TYPE OF COVERAGE
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STANDARD POLICY
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BASIC POLICY
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BODILY
INJURY LIABILITY (PAGE 2)
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As
low as:
$15,000
per person, $30,000 per accident
As
high as:
$250,000
per person, $500,000 per accident
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Coverage
is not included, but $10,000 for all persons, per accident, is
available as an option
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PROPERTY
DAMAGE LIABILITY (PAGE 2)
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As
low as:
$5,000
per accident
As
high as:
$100,000
or more
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$5,000
per accident
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PERSONAL
INJURY PROTECTION (PIP)
(PAGE 2)
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As
low as:
$15,000
per person or accident
As
high as:
$250,000
or more
Up
to $250,000 for certain injuries* regardless of
selected limit
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$15,000
per person, per accident
Up
to $250,000 for certain injuries*
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UNINSURED/
UNDERINSURED MOTORIST COVERAGE (PAGE
3)
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Coverage
is available up to amounts selected for liability coverage
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None
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COLLISION
(PAGE 3)
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Available
as an option
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Available
as an option
(from
some insurers)
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COMPREHENSIVE
(PAGE 3)
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Available
as an option
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Available
as an option
(from
some insurers)
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*permanent or significant brain injury, spinal cord injury or
disfigurement or for medically necessary treatment of other permanent or
significant injuries rendered at a trauma center or acute care hospital
immediately following an accident and until the patient is stable, no longer
requires critical care and can be transferred in the judgment of the physician.
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Do You Want an Unlimited Right to Sue?
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For the Standard Policy, you must make a choice about the
rights you will have if you are injured in an automobile accident. The Basic
Policy includes the Limited Right to Sue option.
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You have an important decision to make
regarding the Right to Sue
The choice
you make affects how much your insurance will cost and what claims will be paid
in the event of an accident.
The choice
you make regarding your right to sue another driver applies to you, your
spouse, children and other relatives living with you who are not covered under
another automobile insurance policy.
The Unlimited Right to Sue and Limited Right to Sue options (see page 9) only cover lawsuits for
“pain and suffering” or non- economic losses. Your medical expenses and some
economic losses for injuries in auto accidents will be paid up to the limits of
your PIP coverage
and are not affected by the choice you make here.
WARNING:
Insurance
companies or their producers or representatives shall not be held liable for
your choice of lawsuit option (Limited Right to Sue or Unlimited Right to Sue) or for
your choices regarding amounts and types of coverage. You cannot sue an
insurance company or its producers or representatives if the Limited Right to
Sue option is imposed by law because no choice was made on the coverage
selection form. Insurers and their producers or representatives can lose this
limitation on liability for failing to act in accordance with the law. See
N.J.S.A. 17:28-1.9 for more information.
Remember...
Choosing the Limited Right to Sue option will
save you money, but will limit your right to sue the person who caused an auto
accident for pain and suffering.
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Do You Want an Unlimited Right to Sue?
Unlimited Right To Sue —Under the No Limitationon Lawsuit Option
,you retain the right to sue the person who caused an auto accident for pain
and suffering for any injury.
Limited Right to Sue — By choosing the Limitation on
Lawsuit Option, you agree not to sue the
person who caused an auto accident for your pain and suffering unless you sustain one of the permanent
injuries listed below: (Choosing this option does not affect your ability to sue for economic
damages such as medical expenses and lost wages.)
- loss
of body part
- significant
disfigurement or significant scarring
- a
displaced fracture
- loss
of a fetus
- permanent
injury (Any injury shall be considered permanent when the body part or
organ, or both, has not healed to function normally and will not heal to
function normally with further medical treatment based on objective medical
proof.)
- death
What is the Assigned Risk Market?
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In New Jersey, there are two separate insurance markets —
the “regular” or voluntary market, and the “residual” or assigned risk
market.
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A driver
is considered eligible to purchase insurance in the voluntary market if he or
she has fewer than seven insurance
eligibility points accumulated during the preceding three years. These points are not the same as those on your
driving record maintained by the New Jersey Motor Vehicle Commission. Insurers
assign insurance eligibility
points to drivers for motor vehicle violations, suspensions and
at-fault accidents. Insurers also assign every newly licensed driver,
regardless of gender or age, three insurance eligibility points for being an inexperienced operator. (See page 21.) These points are merely
used as a guide to help the company determine whether you are eligible for auto
insurance in the voluntary market.
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What if you have seven or more insurance
eligibility points?
In
accordance with New Jersey regulations for Eligible Person Qualifications, any
driver who has accumulated seven or more insurance eligibility points for the
three-year period immediately preceding the application for insurance or the
three-year period ending 90 days prior to renewal of a policy may not be
considered eligible to purchase coverage in the voluntary market. As a
result, some insurers will direct them to purchase insurance through the Personal Automobile Insurance Plan (PAIP). It is
important to note, however, that not all insurers in the voluntary market
refuse to cover drivers with seven or more insurance eligibility points. If you
have seven or more insurance eligibility points it may be a good idea to shop
around and compare your coverage and pricing options.
The PAIP is not an insurance company;
instead, it acts as an administrative clearinghouse and assigns each driver to
a company for coverage. Therefore, this type of coverage is referred to as “assigned risk.” The
state has standardized the rates for this type of coverage and they do not vary
from company to company. The rates may also be substantially higher than rates
in the voluntary market. To find PAIP producers in your area, call 1-800-652-2471 or visit the Department’s web
site, www.dobi.nj.gov.
How do you get out of the assigned risk
market?
Each year
when a policy comes up for renewal or upon the purchase of a new policy, the
insurer will review a driver’s record for the preceding three-year period.
Insurance eligibility points for a violation or accident are dropped when the
incident falls outside the three-year “look back” period. Once your point total
falls below seven, you will again become eligible to purchase insurance in the
voluntary market.
What is the Assigned Risk Market?
How Do You Get Insurance Eligibility Points?
Insurers assign points for driver
inexperience, motor vehicle violations, suspensions and at-fault accidents.
For example, if you are found equally or more
at fault than any other driver involved in an accident and your insurance
company pays a claim of $1,000 or more ($500 or more for accidents occurring
before June 9, 2003), five insurance eligibility points will be assigned
to you.
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What is Tier Rating?
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The Automobile Insurance Cost Reduction Act of 1998
(AICRA) changed the way insurance companies do business in New Jersey by
creating a tier system to determine rates.
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Under the
tier rating system, insurers assign drivers to different tiers, or rating
levels, based on a number of risk characteristics. Tier rating systems take the
“complete picture” into account to identify a good risk, rather than simply
penalizing drivers for accidents and motor vehicle violations.
What factors determine what tier I’m in?
Insurers
can consider a number of risk characteristics, including driving record, years
of driving experience, vehicle type, coverage limits, claims and credit history
when determining a driver’s tier placement. Other factors, like age, gender and
marital status, may also impact an individual’s rate within a specific tier.
Do all companies use the same tier
characteristics?
No. For example, some insurers use an
“insurance score” (see page 17) based on a driver’s
credit history, while others may emphasize factors such as driving record and
claims history. Insurers are permitted to establish their own tier rating
criteria as long as they can show that they are not arbitrary, capricious or
unfairly discriminatory. Insurers also have to show that tiers are reasonably
based on loss experience — meaning that the guidelines they use to place
drivers in specific tiers are substantiated by the losses the companies actually
incur.
How many tiers can a company have?
Tier
systems can vary greatly from company to company. Auto insurers have developed
a number of ways to evaluate risk; risk characteristics considered important to
one insurer don’t necessarily carry the same weight with another. This makes it
important for consumers to shop around, as insurers’ tier systems and rates can
vary considerably.
What is a “standard” tier?
A
“standard” tier is a tier that represents the company’s base rates. Drivers
with favorable risk characteristics may qualify for preferred or lower-rated
tiers, while drivers with less favorable risk characteristics may be placed in
higher-rated tiers.
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What Affects the Cost of Auto Insurance?
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Auto insurance rates vary from company to company, driver
to driver, car to car, and coverage to coverage.
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When you
apply for auto insurance, companies consider a variety of factors to determine
the risk you represent and the likelihood that you will experience an accident
or loss. The company then groups you with policyholders with similar risk
characteristics (i.e., tiering), and
assigns a rate based on the driving and claims history of your risk group. Not
all companies consider the same factors when determining your premium (the amount you pay for
insurance coverage), but there are some common factors that impact rates:
Driving Record
If you (or
a member of your household) have a driving record that includes motor vehicle
violations, suspensions and/or at-fault accidents, the price you pay to obtain
insurance might be higher. Insurance companies may consider you (or a member of
your household) to be a high-risk driver and charge a higher rate than a driver
with a “clean” record (free of accidents and violations). Each company has
underwriting guidelines to determine what type and how many accidents and
violations during a specific period constitute a high-risk driver. (Remember: Insurers assign insurance eligibility points for
accidents and violations, and having seven or more may make it difficult to
remain in the voluntary market.)
Vehicle Type
The make,
model and value of your vehicle affects the cost of your auto insurance
premium. Generally, an older vehicle will cost less to insure, while a high
performance or luxury car will cost more. The cost to insure different makes
and models of vehicles can vary among insurers, so be sure to check with
several insurers to get the best price and coverage for your needs. Companies
may offer discounts for vehicles with safety features, so check with your
insurer or producer for details, especially when you are considering purchasing
a vehicle.
Geographic Area
Where you
drive and keep your vehicle also influences your premium. The number of claims
filed by policyholders in your territory will affect the rates charged by
insurance companies.
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What Affects the Cost of Auto Insurance?
Gender and Age
Statistics
show that males and young adults have a higher incidence of accidents and
claims; therefore, your gender and age can affect your rate.
Marital Status
Statistically,
young married couples tend to have a lower incidence of accidents and claims;
therefore, they generally pay lower premiums than single people.
Vehicle Use
The
distance you live from work or school may affect the cost of your insurance, as
it determines your daily exposure to risk. Insurers will calculate your premium
based on the average distance you drive on an annual basis or how far you
commute to work or school. Whether you use your vehicle for personal or
business use may also impact your rate.
Policy Changes
Changes to
your policy can also affect your premium. Such changes may include:
- Adjusting your coverage
- Changing your deductibles
- Moving to a new area (territory)
- Adding or removing a vehicle from
your policy
- Adding a new driver
Any time period in which you had a car that was required to be
insured but did not have auto insurance can affect your premium as well. A lapse in coverage exceeding
30 days could place you in the assigned risk market. By law, any vehicle registered
in the state must have insurance, so if your car is off the road or not operational
and you let your insurance lapse, it is important to surrender your license
plates to the New Jersey Motor Vehicle Commission to be sure you do not have an
uninsured registered vehicle.
Insurance Score
Some, but not all, insurers in New Jersey will use an insurance
score based on your credit history as one of the factors in determining risk. (See page 17.)
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What Affects the Cost of Auto Insurance?
How Can You Lower Your Premium?
While some
of the factors used by insurers to determine risk are out of your control
(i.e., gender, age), you do have control over a variety of factors that
influence the cost of your insurance.
Before you purchase auto insurance, check out:
(For more information about the coverages
listed at right, see pages 2-9).
Your Collision and Comprehensive Deductibles — In many
cases, consumers can save premium dollars by choosing higher deductibles or
eliminating coverage for older cars that are paid in full. Remember, a higher
deductible means you will pay more out of pocket in the event of an accident.
You will need to decide how much you can afford to pay if an accident occurs.
Your Auto-Related Health Insurer Option —
Consumers can save premium dollars by choosing their health care insurers as
primary in the case of auto accident-related injuries. It is important to check
with your health care insurer before choosing the Health Care Primary option.
Your Personal Injury Protection (PIP)
Deductible and Limits — Standard policies usually carry a deductible
of $250 and a PIP limit of $250,000. Consumers can save premium dollars by
choosing a higher deductible of $500, $1,000, $2,000 or $2,500 and/or choosing one of the lower PIP
limits of $15,000, $50,000, $75,000 or $150,000.
Your Lawsuit Option —
Consumers can save premium dollars by choosing the Limited Right to Sue (Limitation on Lawsuit
Option), which limits suits for pain and suffering except in cases of
death or permanent injury.
Are You Eligible for Discounts? — It is
always a good idea to ask your insurer if any discounts may be available to
you. The following are some of the discounts insurers may offer and to which
you may be entitled:
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What Affects the Cost of Auto Insurance?
- Multiple Car/Other Policies — Insuring two or
more vehicles on one policy can reduce your premium. Discounts may also
apply if you have another policy, such as homeowner’s, renter’s or life
insurance, with the same company.
- Vehicle Safety Features — Insurers must
offer discounts for vehicles that have anti-lock brakes, air bag and passive
restraint systems, and anti-theft vehicle recovery systems.
- “Good Student” — Many insurers offer discounts for young
drivers who maintain a 3.0 (“B”) or higher grade point average or for
those family members attending school away from home.
• Defensive Driving — New
Jersey law requires insurers to offer discounts for drivers who have completed
a Defensive Driving course approved by the New Jersey Motor Vehicle Commission.
(To find an approved school near you, call 1-888-486-3339.)
What
Information May an Insurer Request?
In order to accurately quote you a premium, insurers will generally request
the following information:
- Make/model/year/vehicle
identification number (VIN) of vehicle(s)
- Number of average
annual miles (daily miles to work or school)
- Principal owner
and operator of vehicle(s) (registration information)
- Driver(s) to be
insured on the policy – name, license number, age, sex, marital status
(It is important to tell your insurer about all licensed drivers in your
household, even if they are covered by other policies)
- Accidents or
moving violations of each driver during past three years
- Coverages and
limits desired
15
What Affects the Cost of Auto Insurance?
How to Shop for Auto Insurance
The key to
getting the most out of your premium dollars is to comparison shop among
insurers. Before you start shopping, consider what insurance coverage you need,
then compare how much the same coverage would cost from several insurers.
Comparison-shopping
takes time, but the effort may result in a lower premium since different
companies charge different rates for identical products and services. Some
companies employ agents or brokers to sell policies, while others sell policies
directly through the mail or their web sites.
Agents,
brokers and companies must inform you of your coverage options when applying
for a new policy, or at any time upon your request if you are already insured.
You have the right to know how each choice may affect what you pay and what
your benefits would be in the event of an accident. You always have the right
to ask about additional options.
When
shopping for insurance, you should also consider an insurer’s reputation for
financial stability, policyholder service and claims handling practices. Many
insurers offer information about their services on their web sites, and
companies such as A.M. Best (www.ambest.com), Moody’s (www.moodys.com) and
Standard & Poor’s (www.standardandpoors.com) rate the
financial condition of insurers.
As the
regulatory authority for the state’s insurance industry, the Department cannot
recommend insurers to consumers. However, the Department’s web site (www.dobi.nj.gov) offers many shopping tools, as
well as a current list of insurance companies that write policies in New
Jersey.
Before You Shop...
|
Try the Department’s online tool, the Auto
Insurance Purchasing Planner (www.dobi.nj.gov/ autoplanner.htm).
This interactive tool guides you through the
coverage selections that must be made when purchasing an auto policy.
You can print out information about the
types of coverage that are right for you and use it when speaking to an agent
or insurance company.
|
16
What is Insurance Scoring?
|
|
In 2003, the use of insurance scoring was introduced to
New Jersey as yet another step in providing auto insurance consumers with
more choices in companies, products and price.
|
Some auto
insurance companies in New Jersey are now using your insurance score as one of
the various factors to evaluate risks and assign rates. An insurer may use your
insurance score, based on information contained in your consumer credit
reports, in conjunction with your motor vehicle records, loss reports and
application information to determine your insurance risk at a particular point
in time.
In New Jersey, insurers are prohibited from
using your insurance score to deny, cancel or non-renew coverage.
How much do you know about your credit
history?
Your
credit history plays a major role in many aspects of your life. How you manage
credit is considered when you apply for home or auto loans, and when
establishing utility, cable or telephone services. Few landlords will rent
apartments or houses without ordering a credit report. It is sometimes
considered even when applying for a job. Because the use of credit information
is a fact of life today, it is important to understand and manage your credit
wisely.
Why is insurance scoring being used?
A common
practice in most states, insurance scoring, like other rating criteria, is a
way for insurers to differentiate between insurance risks. Insurance scores are
used by insurers to determine a consumer’s likelihood to file claims.
What is the difference between a credit score
and an insurance score?
While a
credit score and an insurance score are both derived from information contained
in your credit report, they predict very different things. A credit score is used by
banks and mortgage lenders to predict the likelihood that a person will repay a
loan or some form of credit debt. An insurance score is used by insurance companies to
predict a consumer’s likelihood to file claims.
Remember...
|
While a credit score and an insurance
score are both derived from information contained in your credit report,
they predict very different things.
|
17
What is Insurance Scoring?
How is insurance scoring different in New
Jersey?
The New
Jersey Department of Banking and Insurance examined the practice of insurance
scoring in more than 40 states to help craft a comprehensive approach that will
protect consumers and encourage competition. Consumer safeguards include:
CANNOT:
Use an
insurance score to deny, cancel or non-renew coverage Use an insurance score
for consumers covered by the Special
Automobile Insurance Policy or Basic Policy programs
Use an insurance scoring model that considers race, ethnicity,
sex, age,
religion, income, address or unpaid medical bills Offer less favorable payment
plans based on credit
MUST:
Provide
written notice to applicants and existing policyholders of the practice and
factors that affect the scoring
Provide
written notice and specific explanations if an “adverse action” is taken
against the applicant, in whole or in part, because of their credit history
Consider
multiple credit inquiries for home or auto loans as one inquiry if requests
were made within a 30-day period
Make
exceptions for consumers whose credit has been directly influenced by
extraordinary life events, such as catastrophic illness, injury, death of
spouse, child, or parent, temporary loss of employment, divorce or identity
theft (An insurer may only consider credit information not affected by the
event)
Protect
existing customers who have been claim and violation free in their company for
seven years
Protect
consumers without a credit history
Submit
their scoring model to the Department and fully disclose the factors used in
establishing the model, as well as its statistical justification
Auto insurance companies that use insurance
scoring...
18
What is Insurance Scoring?
Where does an insurance score come from?
Most
insurance companies do not directly participate in the process of developing a
consumer’s insurance score. Insurers generally hire a vendor to look at the
information provided by major credit bureaus, and use it to develop an
insurance score for you. The vendor then gives your score, not your credit
report, to the insurer. Insurance scores vary by company due to the information
provided and the vendor formula used to calculate the score.
What factors can affect your insurance score?
There are
a number of factors that determine insurance scores. One insurer might place
more weight on a certain factor while another insurer might not consider it at
all. Following is a list of common
factors:
- Major negative items — Bankruptcy, collections,
foreclosures, liens, etc.
- Past payment history — Number and frequency of late
payments.
- Length of credit history — Amount of time
you have been in the credit system.
- Inquiries for credit — Number of times you’ve recently
applied for new accounts, including mortgage loans, utility accounts,
credit card accounts, etc.
- Number of open credit lines — Number of open
credit cards, whether you use them or not.
- Type of credit in use — Major credit
cards, store credit cards, finance company loans, etc.
- Outstanding debt — How much you owe compared to how
much credit is available to you.
What can you do to
improve your insurance score?
- Pay bills on time.
Delinquent payments and collections can have a major negative impact on
an insurance score.
- Use credit wisely.
High outstanding debt can affect an insurance score.
- Apply for and open
new credit accounts only as needed. Maintain only the minimum number of
credit cards and other credit accounts necessary.
- Remember that the
longevity of an account (the amount of time you’ve had it) is considered
part of your credit history.
19
- Make a realistic saving and spending
plan and stick to your budget. You are responsible for what you borrow.
Examine your financial situation to make sure you are able to repay your
debt.
- Check monthly statements and report
inaccuracies or mistakes immediately.
- Annually request a copy of your
credit report. Review for accuracy and correct all errors in writing. Over
time, responsible use of credit can improve a customer’s insurance score.
Know your credit history
There is a good chance your current or prospective insurance
company will consider financial stability as part of its rating process.
Insurance scores are based on information from credit reports from the three
major credit-reporting agencies (see below). It is important to review your credit
history and correct any errors. New Jersey and federal law entitles consumers
to a free report each year from each of the major credit reporting agencies.
The federal Fair Credit Reporting Act requires an insurance
company to tell you if they have taken an “adverse action” against you, in
whole or in part, because of your credit history. If your insurance company
tells you that you have been adversely affected, they must also tell you the
name of the credit reporting agency that supplied the information so you can
get a free copy of your report and correct any errors.
What is Insurance Scoring?
How Can You Get Your Free Credit
Report?
You should review your
credit report from each credit-reporting agency at least once a year.
Get your free reports
online at
www.annualcreditreport.com
or by calling 1-877-322-8228.
You can also contact the
agencies directly:
Equifax: 1-800-685-1111 Experian: 1-888-397-3742
TransUnion: 1-800-888-4213
20
What Should Every New Driver Know?
|
|
Getting the keys to your first car (even if it belongs to
your mom or dad!) is considered a rite of passage by many teenagers. With
this important step toward adulthood comes many responsibilities — insurance
being one of them.
|
Following
are questions teenage drivers and their parents should consider when shopping
for auto insurance.
Why are insurance rates higher for teenagers?
According
to the National Safety Council, young drivers as a group are involved in more
car accidents than any other driver age group. Lack of experience, higher
accident statistics and more costly accidents result in higher insurance rates
for novice drivers, especially those under 25. But there is some good news: As
long as drivers maintain good driving records, auto insurance rates tend to
decrease with age.
What are inexperience points?
Every
newly licensed driver, regardless of gender or age, is assigned three insurance eligibility points for being
an inexperienced operator. (See page 9.) For every year of
experience, one inexperience point is removed.
If you
start out with three insurance eligibility points, you have little room for
error if you want to remain in the voluntary market. If you have seven or more
insurance eligibility points
upon renewal of your policy, you and
upon renewal of your policy, you and
possibly
your family may have to seek coverage in the assigned risk market.
If you
commit any of the following motor vehicle offenses (see chart on page 22) during
the first year of your three-point assessment, upon renewal you may have to
purchase insurance in the assigned risk market. In addition, for Driving Under
the Influence (DUI) offenses, you could face a delay in getting your license,
suspension of your license and/or fines and surcharges.
Remember...
|
Every newly licensed driver, regardless of
gender or age, is assigned three insurance eligibility points for
being an inexperienced operator.
With each year of driving experience, the
driver loses one inexperienced operator eligibility point until he or she is
licensed for three years.
|
21
What Should Every New Driver Know?
New Jersey Statutes Annotated
|
Event Description
|
Moving Violation Points
|
Inexperienced Driver Assessment
|
Total Insurance Eligibility Points
|
39:4-50
|
Operating
a motor vehicle under the influence of alcohol or drugs
|
9
|
3
|
12
|
39:4-52
|
Racing
on highway
|
5
|
3
|
8
|
39:4-96
|
Reckless
driving
|
5
|
3
|
8
|
39:4-99
|
Exceeding
maximum speed 15-29 mph over limit
|
4
|
3
|
7
|
39:4-128.1
|
Improper
passing of school bus
|
5
|
3
|
8
|
39:4-129
|
Leaving
the scene of an accident - Personal Injury
|
8
|
3
|
11
|
When do parents have to add a teenager to
their auto policy?
You should
notify your parents’ insurer when you are ready to obtain your driving permit.
Any change in their insurance cost will either apply when you receive a permit
or license, depending on the insurance company’s rating plan. (Remember: Failure to disclose all of
the drivers in a household to your insurer can be construed as a form of insurance fraud - see page 32, which is subject to
policy cancellation, civil fine, or penalty under the New Jersey Insurance
Fraud Prevention Act.) Most insurers offer discounts for multiple cars, so it
will most likely cost less for a young driver to be added to their
parents’
policy than to purchase their own. However, any driver with a car titled and
registered in their name can purchase insurance. Check
with your
agent, broker or insurance company to understand the factors to consider when
making such a decision.
22
What Should Every New Driver Know?
Will a parents’ auto policy cover a student
away at college?
In
general, young people away at college are still considered members of their
parents’ household and would be covered while driving their own or other autos.
As such, you should advise your insurer of your location and current use of
vehicles insured under the policy. If you bring your car with you to school,
you will need to notify the insurer that the car will be garaged at another
location. However, if you’ll be away at school and won’t have access to a car,
you may want to ask your insurer about possible discounts for students living
away from home and the Named
Driver Exclusion endorsement (see
page 6).
How can teenage drivers save money on auto
insurance?
- Shop around—Sincepremiumsvaryfromcompanytocompany,itis
important to shop around.
- Enroll in driver training — Many schools
offer driver training as part of their curriculum. Check with your insurer
if any discount will apply if you complete a program that includes
behind-the-wheel training as well as classroom instruction.
- Keep your grades up — Many insurers offer “Good Student”
discounts for young drivers who maintain a 3.0 (“B”) or higher grade point
average or for those family members attending school away from home. Check
with your insurer.
- It’s all about the car — The make and
model of your vehicle affects the cost of your auto insurance premium.
Generally, an older vehicle will cost less to insure, while a high
performance or luxury car will cost more. The cost to insure different
makes and models of vehicles can vary among insurers, so be sure to check
with several insurers to get the best price and coverage for your needs.
Companies may offer discounts for vehicles with safety features, so check
with your insurer or producer for details, especially when you are
considering purchasing a vehicle.
- Choose a higher deductible — You may reduce
your insurance premium by selecting higher deductibles (see pages 5 and 6). (Remember: A deductible is the amount you pay out of
pocket in the event of an accident.)
23
What Should You Do If You’re In an Accident?
|
Whether you are involved in a minor fender bender or
serious collision, an auto accident is a stressful experience for any driver.
It is important to try to remain calm and know what to do.
|
The
following tips can help you before, during and following an accident.
Before an Accident
Make sure you are sufficiently insured – Read
your policy carefully to understand the types of coverage you have purchased
and the limits of your coverage. Discuss with your agent or broker what your
benefits would be in the event of an accident.
Keep your insurance information (and vehicle
registration) available at all times –You will be required to present
your license, proof of insurance and registration if you are involved in an
accident or traffic stop. (Keep a
disposable camera with your insurance information – Use it
to take pictures at the scene of an accident, including any damage to vehicles
and the number of people involved.)
Look for a reputable repair shop –
Establish a good working relationship with a repair facility before you need
one. You can choose your own licensed repair shop, and insurance law requires
that the insurance company attempt to reach an agreement with it regarding the
cost to repair your vehicle. If not, the insurance company is obligated to
identify other licensed shops that can make repairs at the price determined.
At the Scene of an Accident
Stop the vehicle and remain at the scene – If
possible, move out of the way of oncoming traffic, but do not leave the area.
Switch on emergency flashers and put out flares, if possible, to alert any
oncoming traffic.
Call the police – Report
the accident and if necessary, request medical assistance.
Obtain information – If
possible, write down the following:
24
24
What Should You Do if You’re in an Accident?
- Insurance information (including
company and policy number) for each vehicle involved in the accident
- Make and model of the vehicles
involved in the accident
- Time, date, location, weather and
road conditions
- Direction and speed of drivers
involved
- How the accident occurred
- Names, addresses and phone numbers
of any witnesses to the accident
- Names, badge numbers of police
officers or emergency personnel, and instructions on how to obtain a copy
of the police report
After an Accident
Contact your insurance
company as soon as possible – Ask your insurer what forms or
documents will be needed to support your claim. Current regulations require your company to contact you within
10 working days after it has been notified of a loss; or, within seven working
days if it intends to inspect the damaged vehicle. This inspection must be done
at a time and place that is reasonably convenient for you. For your own protection,
you should contact your insurance company even if you believe you were not at
fault in an accident, or if there is no visible damage or injury.
Get a copy of the police
report – Make copies for your own records and your insurance company.
Review report for details, such as how many passengers were listed in
comparison to how many were present at the accident. If you see
inconsistencies, let your insurance company know and contact the police
department that responded to
the scene.
Take reasonable steps to
protect your property from further damage – For example, if you don’t
cover a broken windshield and rain damages your upholstery, your insurer could
refuse to pay for the damaged upholstery. Save all receipts for emergency
repairs and submit with your claim.
25
Who is At Fault?
|
|
In New Jersey, if more than one driver contributes to an
accident insurance companies will pay physical damage and other liability
claims according to the percentage of fault for each driver involved.
|
Who decides who is at fault in an accident?
Insurance
companies determine each driver’s degree of fault in an accident using the Comparative Negligence Act (N.J.S.A.
2A:15-5.2). The amount, or percentage, of fault is determined on a case-by-case
basis depending on the circumstances surrounding the accident and is used to
determine liability for physical damage and other liability claims. Under the
law, an individual cannot recover damages if his or her percentage of fault for
the accident is greater than the individual from whom damages are sought.
In the
event of an accident, the insurer will conduct an investigation and review all
the facts provided by each party (such as police reports, driver and witness
statements, etc.). It will then assign a percentage of fault to the parties
involved in the accident based on contributing factors such as: failing to
observe and avoid another vehicle, failing to sound the horn, apply brakes or
swerve, and/or driver inattention.
If you are
found to have a portion of fault for an accident, any payment or reimbursement
you may receive from the other driver’s insurer will be reduced by that
portion.
For example:
If you
were considered 50 percent at fault for the
accident and had $1,000 in damage to your car, you would be paid $500 or 50
percent by the other driver’s insurance company. If in the same accident you
were only considered 10 percent at fault, you
would receive $900 from the other driver’s insurance company.
If you
have an accident where you believe you are not at fault and have collision coverage on your
vehicle, you have the option of filing with your own insurance coverage or
directly with the person you believe is at fault. If you are paid under your
own policy minus your collision deductible, your insurer will try to pursue
reimbursement from the at- fault person. If your insurer is successful, it will
reimburse you the proportionate share of your deductible.
26
Who is At Fault?
For example:
You file a
claim with your insurer for $2,000 in damage under collision. After applying
your $750 collision deductible, your insurer pays you $1,250. The insurer
pursues subrogation (reimbursement)
from the at-fault person’s insurance company and recovers 80 percent of the
loss. Your insurer will reimburse you 80 percent of your deductible, or $595,
for a total payment on your claim of $1,845. If you filed the claim directly
with the at-fault person’s insurance company rather than under collision, you
would be paid 80 percent of $2,000 or $1,600.
You should
also be aware that your percentage of fault will be considered when reimbursing
you for other accident-related costs, such as rental car charges. However, if
you are found to be more at fault than the other driver, (i.e., if you were 80 percent at
fault and the other driver was 20 percent at fault), you would not be
entitled to collect damages from the other driver’s company.
What if you disagree with the percentage of
negligence assigned to you?
All auto
insurers must have an Internal Appeal Process in place
for the review of disputed claims. In the
event that a settlement cannot be reached through the Internal Appeal Process,
the company must inform the claimant of their right to contact the Department’s Office of Insurance Claims
Ombudsman to request a review of the claim and the appeal determination.
(For contact information, see the back cover of this guide.)
However,
police report details or opinions and extenuating circumstances exist for
nearly every accident and there are times when a dispute between the drivers
involved as to how an accident occurred cannot be resolved. In this situation,
determining the facts of the accident would be up to a court of law. It should
be remembered that filing an internal appeal or a complaint through the
Department does not negate your right to file suit to ultimately resolve the
claim dispute. Consult an attorney or your County Court Clerk for more
information on filing a lawsuit.
Remember...
|
Under the law, in order to recover damages
from another person or his insurance company, an individual’s percentage of
fault for the accident cannot be more than the individual from whom damages
are sought.
|
27
What are Your Rights?
|
|
As a New Jersey driver, you have certain rights and
responsibilities regarding the purchase of auto insurance. Knowing these
rights will allow you to get the most from your insurance coverage.
|
You Have the Right to Purchase Insurance
You can
never be denied auto insurance based on your gender, race or ethnicity. In most
circumstances, a company cannot refuse to sell you insurance based on where you
live as long as you meet the company’s acceptance criteria*.)
If you are
denied auto insurance coverage, the agent or company must state a reason.
Common reasons include:
- You do not meet any of the company’s
acceptance criteria*.
- The insurer is a “membership
company” that only covers certain
categories of drivers.
- The Department of Banking and
Insurance has permitted the insurer to stop writing new policies.
You Have the Right to Cancel or
Change Insurance
You can shop for cheaper auto insurance at any time – not just
when your policy is up for renewal. If you find a better price, you can cancel
your old policy and seek a refund of your unused premium. However, never cancel your old
policy until a new one is in effect. A lapse
in coverage will result in higher rates in the future.
You have the right to change your coverages and policy limits at any time, even if you are not
near your renewal date. If you select lower policy limits or cancel non-mandatory
coverages to save money, you have a right to a refund of your unused premium
within 60 days.
*Acceptance criteria are the written
standards by which a company accepts new business or renews existing business.
28
What are Your Rights?
You Have the Right to Choices
Agents,
brokers and companies must inform you of your coverage options when applying
for a new policy, or at any time upon your request if you are already insured.
You have the right to know how each choice may affect what you pay and what
your benefits would be in the event of an accident. You always have the right
to ask about additional options.
You Have the Right to a Timely Response
You have
the right to a timely response when seeking an appointment or application from
an agent, broker or company. Appointments should be scheduled so that you can
obtain coverage
before your current policy expires.
before your current policy expires.
However,
an application is usually not considered complete until the company has
obtained all pertinent information, including a copy of the applicant’s driving
record from the Motor Vehicle Commission and verification of any previous
coverage. Therefore, the overall application process can take up to two weeks.
Make sure you give yourself enough time to shop for coverage.
You Have the Right to the Prompt and Fair
Handling of Claims
You have
the right to ask about any payments made to others by your company and charged
to your policy. If you file a claim, it should be handled promptly and fairly.
If a claim is denied, you must receive a written explanation for the denial.
You Have the Right to a Notice of Cancellation
There are
specific circumstances that allow an insurance company to cancel your policy
during the policy period. This is referred to as a mid-term cancellation. This may
only occur when fraud is
discovered, when your driver’s license is suspended or when the policyholder
fails to make premium payments. A 15-day warning notice must be sent before the
policy is canceled.
29
You Have the Right to Appeal
If your
coverage is canceled, you can file an appeal with the New Jersey Department of
Banking and Insurance. Contact the Consumer Inquiry and Response Center, P.O. Box 471, Trenton, NJ
08625-0471, call (609) 292-7272 or 1-800-446-7467, or visit
online at www.dobi.nj.gov/
consumer.htm. The Department cannot guarantee that your policy will be
reinstated, so you should not delay shopping for alternate coverage.
If a
carrier denies you coverage and does not state a reason, or if you believe you
have been treated unfairly, you can contact the Department.
You Have the Right to a Notice of Non-renewal
Insurers
can decline to renew coverage if you no longer meet any of the company’s
acceptance criteria*. This can
occur when a driver’s record includes “at-fault accident” or motor vehicle
violations. Other reasons for nonrenewal of a policy include:
- TheDepartmenthas,forregulatoryreasons,permittedthecompany
to non-renew policies.
- The insurer is using the 2-for-1 or
the 2 percent rule. The 2-for-1 rule allows the insurer to non-renew one
vehicle for every two new ones it writes in each territory. The 2 percent
rule allows the insurer to non-renew up to 2 percent of policies in a
territory experiencing heavy growth. Drivers subject to non-renewal do not
have clean driving records or have a poor payment history. Insurers must
state
that they have invoked these rules on the non-renewal notice.
What are Your Rights?
What are Acceptance Criteria?
A written
non-renewal notice must be sent at least 60 calendar days prior to the
expiration date of the existing
policy.
*Acceptance criteria are the written standards
by which a company accepts new business or renews
existing business.
30
What are Your Rights?
Your Obligations as a New Jersey Driver
New Jersey
state law requires that any registered vehicle be covered by an insurance
policy. Failure to maintain coverage can lead to higher prices for new
policies, placement in the “assigned
risk” pool, suspension or revocation of your driver’s license or
registration, and additional fines and penalties.
Maintaining your auto insurance
coverage requires that you:
•
•
Always
provide any information your company seeks. Insurance companies have the right
to seek information about all licensed
drivers in the household.
If you
receive a non-renewal notice, do not wait to shop for alternate coverage.
Policies can be prepared in advance to become effective on a date several days
or weeks after the application.
• Always
make payments for your policy on time or a lapse in coverage may result. A driver who incurs a
lapse in coverage will end up paying far more for coverage.
A driver
who mails a renewal payment before the due date cannot lose coverage. However,
insurers can charge the driver a late fee if the payment is postmarked on time,
but arrives after the payment due date.
What if My Renewal Payment is Late?
|
A driver who mails a renewal payment before
the due date cannot lose coverage if the payment is received within three
business days of the due date or there is evidence it is postmarked prior to
the due date. However, insurers can charge the driver a late fee if the
payment arrives after the due date.
|
31
Frequently
What is Auto Insurance Fraud?
|
Asked Questions
Auto insurance fraud occurs when people knowingly
misrepresent
pertinent facts to a company or agent to obtain a policy or
collect money to which they aren’t entitled.
There are
many types of fraudulent schemes and scams, all of which increase premiums for
policyholders of auto, life, health, homeowner’s and other types of insurance.
Insurance fraud can be “hard” or “soft.”
Soft fraud occurs when normally honest
people knowingly misrepresent facts on insurance applications or “pad” a claim with damages and injuries that
never occurred. Some examples:
- · Understating the annual number of miles
driven on an insurance application to reduce insurance premiums.
- · Reporting to your agent or company that a
car is principally garaged in New Jersey when it is garaged elsewhere.
- · Adding damages to a claim to cover the
cost of your deductible or
prior premiums paid.
- · Omitting high-risk drivers from your
application or policy.
Hard fraud occurs
when an accident, injury, theft or other loss is deliberately staged, either by
a lone person or as part of an organized fraud ring. These rings often join
dishonest doctors, lawyers and repair shop owners in snaring innocent drivers
with a staged collision that appears accidental. Some examples:
- · A driver stops abruptly in front of your
vehicle, causing you to rear- end it. In addition to collecting money for
vehicle damages, the “crash dummy” also submits a claim for nonexistent
injuries to collect more.
- · A vehicle is found abandoned and burned
before it is reported stolen by its owner.
- · A fraudster obtains insurance on a
vehicle using a counterfeit title and registration. Later, a theft claim
is filed on the “paper car.”
Any form of auto insurance fraud is a serious crime in New
Jersey that can lead to heavy fines and possible jail time. Protecting yourself
from fraud scams is one way to help fight this crime. If you have specific
information about individuals or entities that may be committing insurance
fraud, contact the New Jersey Office of Insurance Fraud Prosecutor at 1-877-55-FRAUD.
32
Frequently Asked Questions
|
|
The Department wants all New Jersey drivers to make
informed decisions regarding their auto insurance coverage. We are happy to
assist with any additional questions you may have about insurance.
|
What if I don’t pay my premium?
If you
don’t pay your insurance premium, the company will cancel your policy. Getting
a policy from another insurer may be difficult or may cost more if you let your
policy lapse and go without insurance. A lapse exceeding 30 days could place
you in the assigned risk market. (See page 9).
I sent in my insurance payment on the due
date, but the company said it was too late and still canceled my policy. Can
they do that?
Whether or
not a policy is terminated for a late payment depends on what type of payment
is due. Most companies will allow policyholders to make installment payments on
their premiums and may even accept these payments received after the initial
due date. This is permissible because a policy is already in force and there
may be equity (premiums already paid) available to continue coverage for a
short time. However, if no payment is received, the company will issue a notice
of cancellation for nonpayment of premium. If this payment is not received before
the due date, the policy will terminate. Until the initial payment for a policy
renewal is paid, there is no policy in force. Therefore, when the renewal
payment is not received by the due date, the previous policy expires and the
offered policy does not become effective. Should the policyholder wish to
continue coverage with that company, the company would then need to write a new
policy for that customer.
I got a notice that said I had to make my
overdue premium payment or my policy would be canceled on the 15th. I took the money to my agent on the 15th, but they said it was too late and the policy
had already been
canceled. How can this be?
Because an
insurance policy must provide coverage for every full 24-hour day that it is in
force, every insurance policy expires at 12:01 a.m., meaning one minute after
midnight on the specified date. Therefore, any premium payment must be received
before the cancellation date in order for the policy to remain in force.
33
Why Was My Policy Canceled?
Frequently Asked Questions
Due to financial difficulties, I sent my
insurance payment a few days late and the policy was canceled. My company did
not notify me that the policy was canceled; they just sent my check back. Isn’t
there a grace period during which the company must accept the payment?
There is
no “grace period” for policies that have lapsed or terminated. Under current
regulations, companies must provide notice of payment due dates according to
what type of payment is due. Renewal offers must be mailed 30 days prior to the
due date. A cancellation notice for nonpayment of premium must be mailed at
least 15 days prior to the expiration of the policy. If you do not pay your
renewal premium or the premium due amount on a notice of cancellation by the
date specified, the company is not required to once again tell you the coverage
has lapsed, nor to offer to reinstate your policy. While insurance laws require
that an insurer must be able to provide proof that a notification was mailed to
the address where you have told them you reside, they are not required to mail
any notice “certified” or “return receipt” and are under no obligation to
ensure that these notices are received.
Why do insurers charge young males more than
young females?
Insurance
rates are based on statistics and probability. Historically, statistics have
shown that, while males as a group have only a slightly higher percentage of
accidents and violations than females, accidents involving youthful male
drivers cause substantially higher amounts of damage and cost the insurance
companies considerably more in claim settlement costs than accidents involving
youthful females. Therefore, insurance companies are permitted to set rates
based on the overall risk of the policy being written.
My son has received his driver’s license and
our family now has two cars and three drivers. My son is listed as an operator
of my car on our insurance policy, but my son is not allowed to drive my car;
he uses his mother’s car. How can I remove him from the rating of my vehicle?
The Named Driver Exclusion endorsement
is available for the Comprehensive and Collision portion of Standard policies. This
endorsement allows certain licensed drivers within the household to be excluded
from the rating of comprehensive and collision costs of a particular vehicle on
the policy. If you own vehicles that your child(ren) does not operate, this may
help save premium dollars. However, it should be remembered that if the
excluded driver does, for any reason, even in an emergency, operate that
vehicle there would be no coverage afforded for repair to the vehicle in the
event of an accident. (See
page 6.)
34
Index
|
AM
Additional PIP Coverage
Options, 6 appeal, 30
assigned risk market, 9-10, 13, 21, 31, 33 Auto Insurance Purchasing Planner, 16
assigned risk market, 9-10, 13, 21, 31, 33 Auto Insurance Purchasing Planner, 16
B
Basic Policy, 4, 7 (chart),
18
Bodily Injury Liability, 2, 5, 7 (chart)
Bodily Injury Liability, 2, 5, 7 (chart)
mid-term cancellation, 29
N
Named Driver Exclusion, 6,
23, 34 no-fault coverage, 2 non-renewal, 30
P
Personal Automobile
Insurance Plan (PAIP), 10
Personal Injury Protection (PIP), 2, 4, 5- 6, 7 (chart), 8, 14
Personal Injury Protection (PIP), 2, 4, 5- 6, 7 (chart), 8, 14
premium, 1, 12, 15, 28, 32,
33
Property Damage Liability, 2, 5, 7 (chart)
Property Damage Liability, 2, 5, 7 (chart)
R
rates, 11-15
S
Standard Policy, 4, 6, 7
(chart), 34 Special Automobile Insurance Policy (SAIP), 4, 18
subrogation, 27
subrogation, 27
T
Tier rating, 11, 12
U
Underinsured Motorist
coverage, 3, 4, 6, 7 (chart)
Uninsured Motorist coverage, 3, 4, 6, 7 (chart)
Uninsured Motorist coverage, 3, 4, 6, 7 (chart)
Unlimited Right to Sue, 8-9
V
voluntary market, 9-10, 12,
21
C
cancellation, 29, 33, 34
claim, 2, 5, 25, 27, 29, 32
Collision coverage, 3, 4, 6, 7 (chart), 14, 26, 34
combined single limit, 2, 5 Comparative Negligence Act, 26 Comprehensive coverage, 3, 4, 6, 7 (chart), 14, 34
credit history, 11, 13, 17-20
claim, 2, 5, 25, 27, 29, 32
Collision coverage, 3, 4, 6, 7 (chart), 14, 26, 34
combined single limit, 2, 5 Comparative Negligence Act, 26 Comprehensive coverage, 3, 4, 6, 7 (chart), 14, 34
credit history, 11, 13, 17-20
D
deductibles, 5-6, 14, 23,
26, 32 discounts, 14-15
F
fraud, 22, 32
H
Health Care Primary option
(PIP), 5, 14
I
inexperienced operator, 9,
21 insurance eligibility points, 9-10, 12, 21
insurance score, 11, 13, 17-20
Internal Appeal Process, 27
insurance score, 11, 13, 17-20
Internal Appeal Process, 27
L
lapse in coverage, 13, 28,
31 liability, 2, 4, 6
limits, 5, 7 (chart), 14 Limited Right to Sue, 8-9, 14
limits, 5, 7 (chart), 14 Limited Right to Sue, 8-9, 14
For More Information
For more information
or questions about insurance, contact:
New Jersey Department of Banking and Insurance - Consumer Inquiry and Response Center (CIRC)
P.O. Box 471
Trenton, NJ 08625-0471
(609) 292-7272 or 1-800-446-7467
File a complaint online: www.dobi.nj.gov/consumer.htm
The Office of
Insurance Claims Ombudsman is established in the Department to investigate
and help resolve complaints from consumers. The Office of Insurance Claims
Ombudsman can be reached at:
New Jersey Department of Banking and Insurance - Office of Insurance Claims Ombudsman
P.O. Box 472
Trenton, NJ 08625-0472
E-mail: ombudsman@dobi.state.nj.us
Visit us online:
www.dobi.nj.gov
|
Source http://www.state.nj.us/dobi/division_consumers/pdf/everythingauto2006.pdf
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