The automobile liability insurance rates which
are paid by licensed drivers in North Carolina
are determined by five factors:
-
The basic North Carolina automobile
insurance rates which are set out in the
North Carolina Personal Automobile Manual.
Also see the NC Rate Bureau.
-
Insurance points which they have accumulated
during the past three years for moving
violations and accidents.
-
Whether their insurance company has
transferred their coverage to the
reinsurance facility.
-
What region of North Carolina they live in.
-
Whether that have three years or less
driving experience.
-
Whether that have three years or less
driving experience.
-
North Carolina drivers will be assessed
insurance points if convicted of a moving
violation or if they have an at fault
accident during the three-year period
immediately preceding the date of
application or renewal of insurance. Each
household may receive one Prayer for
Judgment Continued (PJC) every three years
without it counting as a conviction.
Table of Insurance
Points
12 Points -
Manslaughter (or negligent homicide) resulting
from the operation of a motor vehicle. (Felony)
Prearranged highway racing or knowingly lending
a motor vehicle to be used in a prearranged
race. (Felony) Failure to stop and render aid
when involved in an accident resulting in bodily
injury or death (hit-and-run driving) (Felony)
Impaired driving, including driving a vehicle
while under the influence of an impairing
substance; driving a vehicle with an alcohol
concentration of 0.08% or more; and driving a
commercial vehicle with an alcohol concentration
of 0.04% or more (a revocation pursuant to G.S.
¤¤20-16.5 is not a conviction). (Misdemeanor)
Transportation of intoxicating liquors for the
purpose of sale. (Misdemeanor)
10
Points -
Highway racing (not prearranged) or knowingly
lending a motor vehicle to be used in the race.
Speeding to Elude.
8 Points -
Operating a motor vehicle during a period of
revocation or suspension of either the driver's
license or vehicle registration. (Misdemeanor)
4 Points -
Failure to stop and report when involved in a
motor vehicle accident resulting in property
damage only (hit-and-run). (Misdemeanor)
Reckless driving. (Misdemeanor) Passing a
stopped school bus. Speeding in excess of 75
miles per hour (mph) when posted limit is less
that 70 mph. (Misdemeanor) Speeding in excess
of 80 mph when limit is 70 mph or greater
Driving by a person under 21 after consuming
alcohol or drugs.
3 - Points
Each at-fault accident that results in bodily
injury (in excess of $
1800.00)
or death or
total property damage (including the insured's
property) of $
3000.00
or more.
2 - Points
Illegal passing
Speeding more than 10 mph over the limit, if
total speed was in excess of 55 mph but less
than 76 mph. Speeding 10 miles or less in
excess of limit in speed zone of 55 or greater.*
Following too closely. Driving on the wrong
side of the road. Each at-fault accident that
results in total damage to all property which is
in excess of $1
,800.00
but less
than $
3000.00
3-4-2005.
1 - Point
Speeding 10 mph
or less in excess of a speed limit of less than
55 mph.* Any other moving violation. Each
at-fault accident that results in total damage
of $
1,800.00
or less.
*Points are not assigned for
these violations unless the same driver has been
convicted of at least one other moving violation
during the three years prior to this event.
The number of insurance points a driver receives
will determine the surcharge which will be added
to their insurance costs.
Insurance
Surcharge Table
|
One |
25% |
|
Two |
45% |
|
Three |
65% |
|
Four |
90% |
|
Five |
120% |
|
Six |
150% |
|
Seven |
180% |
|
Eight |
220% |
|
Nine |
260% |
For 1 point accidents
($1800.00 or less)
there is no
surcharge assessed if:
-
The operator was not convicted of a moving
traffic violation in connection with the
accident.
-
No licensed driver in the owner's household
has a conviction for a moving traffic
violation or other at fault accident during
the three-year period immediately proceeding
the date of application or the date of
preparation of renewal of the policy.
-
There was no personal injury.
If you receive a citation for a traffic offense
in connection with a traffic accident, you may
be able to avoid conviction on that charge(s) by
obtaining a letter from your insurance company
stating that they have assumed financial
responsibility for the accident. When presented
with such a letter, many District Attorneys will
dismiss the charge(s) against you. In the event
that you are convicted of a moving violation in
connection with a traffic accident you will not
be assessed points for both the moving violation
and the accident. The higher of the surcharge
points will be assigned to you.
The Reinsurance Facility
After the number of points, the
second major factor affecting the cost of
liability insurance is whether a motor vehicle
owner has been transferred to the North Carolina
Motor Vehicle Reinsurance Facility which
provides liability insurance for drivers or
vehicle owners whom companies do not wish to
insure as part of their regular voluntary
business. If an applicant for motor vehicle
liability insurance is, for any reason,
considered an undesirable risk by the company,
it may transfer the applicant to the Reinsurance
Facility even though the person has a clean
driving record. In other words, it is possible
for a person who has never received a traffic
citation or had an accident to be ceded to the
Reinsurance Facility. Obviously, those with bad
driving records are prime candidates, but a
company may transfer anyone it considers a bad
risk for any reason. Reportedly young drivers,
the elderly, and some occupational groups often
fall within this category. There is no appeal
process, but applicants may seek coverage with
another company that would not transfer them to
the Reinsurance Facility. Because the
Reinsurance Facility has many high-risk drivers,
the SDIP provides that it may charge a higher
base rate than is allowed in the voluntary
market.
Territory
The third factor determining a
person's automobile liability insurance costs is
where the person lives in North Carolina. The
state is divided into nineteen territories, each
with its own base rate. The cost of insurance
varies considerably from territory to territory.
Age and Sex
A fourth factor that can raise
an insured's liability insurance cost is
inexperience as a driver, which usually
correlates closely with age. The 1975 Session
of the North Carolina General Assembly enacted
legislation intended to prohibit insurance rates
from being based on the ages or sex of the
insured. Specifically, G.S. 58-3-25 provides:
"No insurer shall . . . base any standard or
rating plan for private passenger automobiles or
motorcycles, in whole or in part, directly or
indirectly, upon the age or sex of the persons
insured." But the youngest drivers typically pay
higher insurance rates (or have their parents
pay the higher rates for them), because the
surcharge is added to policies that cover
drivers who have fewer than three years' driving
experience as a licensed driver. (The surcharge
is not added when a member of the household
begins driving under a learner's permit; and
time spent driving on a learner's permit does
not count toward the three years). For most
drivers, the surcharge is applied from age
sixteen to nineteen, causing its impact to be
felt most by young people and those who pay the
insurance for young people, but the same rule
would be applicable to a fifty year old if that
person had no previous driving experience. This
Surcharge approximately doubles the cost of
liability insurance on the car the inexperienced
driver "principally operates".
This is general information about
Traffic points and is not intended
to be a substitute for legal advice as it
relates to your particular situation.
Consult
with our office to discuss how your particular
facts relate to the law. |