Does Auto Insurance Cover Stolen Car With Keys Left In Ignition?
Reader’s Question:
If your vehicle is stolen while the keys are still in the car does full coverage car insurance still cover the car in New York? What if the car is under someone else’s name?
Allan
New York, NY
Let’s say you are using a friend’s vehicle with their permission and it was stolen while the keys were in it, your friend’s comprehensive coverage should cover the car. But, there are certain exclusions that may apply. Ultimately, the claims adjuster would know if this loss would be covered.
The claims process differs by insurance company. You can expect it to take three to thirty days depending on the situation. It would be best to keep your car insurance payments current until the lien has been settled. You may also want to consider getting GAP insurance too.
I Got a Speeding Ticket Will My Auto Insurance Rate Increase?
Reader’s Question:
If someone receives a first speeding ticket in Babylon, NY (that is under 14 miles per hour over the speeding limit), can insurance companies raise car insurance rate premiums?
Marie
Babylon, NY
New York state laws prohibit insurance companies from surcharging certain traffic violations. NY Insurance Department only allows surcharges to be applied during the experience period (typically three years) for specified incidents, some of which are:
- accidents causing bodily injury or death, or losses to property in excess of $1,000, where the insured driver is at fault; or
- convictions for certain violations (speeding more than 15 MPH over the legal limit, driving while intoxicated with alcohol or drugs, operating a vehicle while attempting to avoid apprehension by a law enforcement officer, leaving the scene of an accident without reporting it, operating a vehicle in a race or speed test, driving without a license or knowingly permitting an unlicensed person to drive your vehicle, or filing a false insurance claim)
Teen Auto Insurance In New York
Reader’s Question:
My teen got his driver’s license 2 years ago. He is now in college in another state. To my understanding, I was not required to inform my car insurance company about my son so I haven’t told them yet and besides they never asked me. Just recently, we purchased a new vehicle, and my son’s license came up. I got a bill from my insurance company backdated from 7/05-7/07 (what we would have paid) totaling about $1100. I really don’t mind paying more now, but backdating premiums don’t seem right. I am in Brentwood, NY.
Abby
Brentwood, NY
The New York Insurance Department allows insurance company to automatically include children of policyholders to their insurance. This is because in the event that bodily injury or property damage occurs due to that teen’s operation of the vehicle, insurers are permitted to use classifications that reflect a possible exposure for liability on the part of the insurer such a “limited use” classification. However, this reflects the reduced likelihood of an incident due to “occasional” operation by a youthful driver, and is rated lower than if that person were the “principal operator”. And in general, children living away at school (over 100 miles) are eligible for a reduced rate.
If your insurance carrier in Brentwood, NY bills you for prorated insurance charges, legally speaking there is no basis for doing this. However, your insurance company will not do so if your state does not allow it. In the first place, you should have informed your insurance company of your son’s licensing status when he first began to drive. Most insurance companies require their policyholders to list all household licensed drivers and to notify them once their child becomes licensed. Failing to do so could be found as a form of insurance fraud or misrepresentation.
It would be best to contact the NYS Insurance Department to find out for certain if receiving back charges is allowed by your state. The consumer division of this department should be able to inform you if you have a choice or not to pay these charges.
Tags: auto insurance premium, automobile, car insurance rate, teen insurance
DWI Car Insurance Coverage in New York
Reader’s Question:
On my way to my mother’s house I parked next to the curb, got out of my car, but noticed it was a little too far so I parked it closer. What ended up happening was the rear end of my car hit the front bumper of the car behind me. The driver came out and called the cops. I got two tickets for DWI and reckless driving. I know I will need to go to the courts for this but first I need to know how to make an accident claim in New York?
John
Tyler, TX
If you have collision and comprehensive coverage in New York, then you can make a claim with your insurance company. Normally, if you were in an accident where your vehicle has sustained physical damage, the claim would go under your collision coverage and the deductible associated with this coverage would be due.
Since you’re the one at fault for the accident, you can file a first party claim with your own insurance company. If you have sustained damage to your own vehicle, you would need to place a claim under your collision coverage claim. Then you will need to pay the deductible that you choose at the inception of your policy when you use your own physical damage coverage to repair your vehicle.
Be ready to explain the situation that occurred and have witness statement available to the insurance company to make the claims process easier. Since the claims process can vary a bit from one insurance provider to another, speak to your insurance agent to know the specifics about how to place a claim.
Teen Car Insurance in New York – Can I Afford It?
Reader’s Question:
I’m a parent worried about how much I’m going to pay for my newly licensed teen. How can I be able to save money on my daughter’s insurance here in New York?
Belle
Buffalo, NY
Saving money on teen car insurance in New York may not be so easy. You are not alone as thousands upon thousands of parents go through this every year. The high premiums of teen drivers can be well over a thousand dollars and it is sometimes hard to drive those premiums down.
Even if you can’t lower your car insurance premiums, you can prevent them from going up by making sure your young driver is really ready to drive. If they have no accidents in the “sensitive” period between the ages of 16 and 21, the premiums you pay will go down year after year.
You can make your daughter a better driver by setting a good example and being a responsible driver yourself. If all else fails, there are some tips that can slash a bit of the high premiums of teenage car insurance policies.
First is that you have to avoid buying your new driver a large SUV or a sports car as the premiums on these vehicles are very high due to their large size and high top speeds. Then ask for your teen to pay for some of the fees. Your daughter will most likely not be able to pay all of the costs but she can help. You also have to help your student get good grades as students with a 3.0 GPA actually get discounts, up to 10 percent in some cases.
You have to follow these guidelines and you would save a little bit of money. Paying for your daughter’s car insurance is one of the many expenses that a lot of parents dread but have no fear because once they turn 21 the premiums drop considerably.
DWI Breath Test in New York – Are You Over The Legal Limit?
Reader’s Question:
If I took the breath test and the result was only .07% BAC, less than the legal limit of .08%, will I be safe from being charged a DWI case in New York?
Karen
Amherst, NY
Tricky question Karen, thanks for asking. Blood alcohol content, or BAC, is defined as the measurement (or concentration) of alcohol found in a person’s bloodstream. In the state of New York, this is calculated by a percentage by weight of blood.
Although you’re BAC result shows less than New York’s legal limit of 0.08%, you might still be penalized under the law. For first-time offenders there are three levels of DUI offense in the state of New York: DWAI or driving while ability impaired, DWI or driving while intoxicated and Aggravated DWI.
DWAI is commonly referred to individuals with a BAC of between 0.05 and 0.07. This is not completely accurate, as those BAC levels do not necessarily make a person guilty of DWAI, since there are many factors that can contribute to misinterpretation of BAC. However, it is accurate in the sense that a person who shows a 0.05 to 0.07 BAC will usually be charged with a DWAI. A good lawyer will almost always get a good arrangement or even a dismissal with a 0.05, and most of the time on a 0.06. The 0.07 BAC is a tougher one but it is still debatable. The penalty rate for DWAI ranges between $300 to $500, but surcharges and assessments can total to over $1000. With a DWAI case, the driver is almost always suspended for 90 days, and usually required to take the Drinking Driver Program (DDP) to get a conditional license. In addition, to lift the suspension, after 90 days the driver pays a $25 fee.
Darn It I Failed The Alcohol Breath Test in New York
Reader’s Question:
A friend told me that he was tested with a breathalyzer due to being arrested for DWI in New York, but claims that he shouldn’t have failed the test. Is the breath test really accurate? How can you refute a failed breath test?
Stephan
Buffalo, New York
A breathalyzer is a device for estimating a person’s BAC (blood alcohol content) via a sample from the breath. Law enforcement officials most commonly administer breathalyzer tests with a hand-held field testing device, that are now considered to be dependable enough to be taken as evidence in DWI cases. If you take the breath test and the results shows 0.08 BAC, which is above New York’s legal limit, your license will be suspended, pending prosecution.
These tests are often based on assumptions that do not usually apply to everyone, so challenging breath test results is possible. Most breathalyzers assume that the tested individual is an average person and do not take into account sex, weight, height, metabolism and whether that person has just taken a medicine or had eaten. Breath testing machines may also run into other problems when they recognize not only ethyl alcohol, but also any other compound under the methyl group. Thus, a breath test machine may misinterpret other substances or compounds in human breath as alcohol content. In other words, breathalyzer tests are not always accurate.
If you’ve been charged with DWI in New York and failed a breath test but you do not believe in the accuracy of the result, consult an experienced DWI lawyer. Speaking with a qualified DWI attorney is a great way to evaluate your situation and determine if any breathalyzer challenges may apply in your case.
Is There a Time Limit To File a Car Insurance Claim in New York?
Reader’s Question:
What is the time limit to file a claim to car insurance after a collision in New York?
Lincoln
Babylon, NY
You should contact your specific insurance company’s claims department to determine additional details on the time limits there are to make car collision claims. As for the NY state laws, you can contact your state insurance regulator to get more information on any time limits you have to make a car insurance claim and also on what the laws are regarding time limits for the insurance carrier to respond to the claim.
In New York, if your vehicle is damaged or stolen and you have car comprehensive or collision insurance coverage, you have the right to a fair and prompt settlement from your insurance carrier, either for the actual cash value of the vehicle or the amount of the damages, whichever is lower. If your vehicle is stolen and subsequently recovered, your insurance company must pay for the damage done to the vehicle while it was missing, the cost of any reasonable storage charges, towing and substitute transportation expenses.
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