{
"schemaVersion": 1,
"generatedAt": "2026-10-19",
"notes": "Auto accident state rules for /auto-accident-insurance-laws/ (prompt B4). Rendered by scripts/build-accident-state-pages.mjs together with at-fault-surcharges.json (B3), which supplies the carrier table and the state surcharge shields; this file never restates those. Each fact: status 'verified' (we read the cited primary source on verifiedOn and the quote is verbatim, under 30 words) or 'unverified' (we could not; the page says so). value 'none_found' means we searched and found no such rule; status says whether we read a primary source that frames that answer. Primary sources only: statutes, regulations, court opinions, official state agency pages. The national facts are federal statutes, regulator pages (NAIC, state insurance departments) and the reporting agencies' own pages. otherFindings are research notes kept for later prompts (C1, B7); the pages don't render them.",
"factKeys": {
"policeReport": "When the driver must notify police, the trigger and dollar threshold, and the deadline.",
"dmvReport": "Whether the driver must file their own written crash report with the state, threshold and deadline.",
"drivingRecordRetention": "How long a crash shows on the state driving record (MVR).",
"rateDurationRule": "Statute or insurance rule limiting how long an accident can affect rates; 'none_found' renders as 'no statutory limit; carriers typically use 3 years' citing at-fault-surcharges.json industryTypical.",
"unpaidClaimRule": "Reporting vs claiming: any rule on surcharging a reported accident with no paid claim, a small claim, or a recovered claim.",
"forgivenessRegulation": "Any rule on accident forgiveness or on surcharges beyond the B3 shields (notice, disclosure, dispute rights)."
},
"states": {
"OH": {
"name": "Ohio",
"slug": "ohio",
"verifiedOn": "2026-10-19",
"badge": "Narrow not-at-fault protection",
"metaSummary": "no time limit in law on accident surcharges, narrow not-at-fault protection, accident forgiveness by insurer, when you must involve police, and reporting vs. filing a claim.",
"answers": {
"record": "Ohio sets no limit on your rate; insurers typically surcharge for 3 years. Your standard BMV driving record shows crash involvement for 3 years. Claims reports keep it up to 7 years.",
"forgivenessLaw": "Ohio law doesn't require it.",
"increaseTail": "Ohio bars an increase only for a single-car crash, or a crash with an uninsured driver, that you didn't cause."
},
"shieldIntro": "Ohio law bars a rate increase in two narrow cases:",
"hub": {
"rateLimit": "No limit in law",
"shield": "Not at fault: single-car or uninsured driver only",
"police": "No general duty; stop and swap information",
"dmv": "Optional, within 6 months (uninsured driver)",
"record": "3-year abstract"
},
"deciding": [
"Stop and swap information with the other driver and any officer at the scene. Ohio has no general rule that you must call the police, but you must if an injured person can't take your information, and within 24 hours if you hit roadside property and can't find the owner.",
"Other driver uninsured? You can file a crash report (BMV 3303) with the BMV within six months. The BMV then makes that driver prove they had insurance.",
"Not your fault in a multi-car crash? Ohio law doesn't stop a surcharge on your own policy there. Claiming against the at-fault driver's insurer is usually the better route.",
"You caused it? Ohio doesn't limit how long a surcharge lasts. Ask your insurer how many years it uses, then compare that with the repair bill.",
"The other driver at fault? Claim against their insurer, and check whether your car lost resale value."
],
"facts": {
"policeReport": {
"status": "verified",
"summary": "Ohio has no general rule that you must call the police after every crash. You must stop, swap information, and give it to any officer at the scene. You must tell police yourself if an injured person can't take down your information. You must also report to police within 24 hours if you damage roadside property and can't find the owner, or crash off a public road without giving your information at the scene.",
"trigger": "Must stop and give name, address, owner and plate number to injured persons, other drivers, and 'the police officer at the scene'. Must notify the nearest police authority if an injured person cannot comprehend and record the information (and stay until police arrive). If you damage roadside property (fixtures) and cannot find the owner, or have a crash off public roads and do not give the information at the scene, you must report to city police or county sheriff within 24 hours.",
"deadline": "Immediately stop; notify nearest police when injured person can't receive info; within 24 hours for unattended roadside property (4549.03) or non-public-road crashes where info not given (4549.021)",
"citation": "Ohio Rev. Code § 4549.02(A)(2)",
"url": "https://codes.ohio.gov/ohio-revised-code/section-4549.02",
"quote": "the other operator involved in the accident or collision shall notify the nearest police authority concerning the location of the accident or collision",
"note": "4549.02 current version effective Sept. 13, 2016 (H.B. 110, 131st GA). No Ohio statute found that requires a driver to call police for every injury or property-damage crash; the duty is to stop and give information (including to an officer at the scene). Failure to stop is a first-degree misdemeanor (felony if serious harm or death) plus a class five license suspension under 4549.02(B).",
"alsoCitations": [
{
"citation": "Ohio Rev. Code § 4549.03(A)",
"url": "https://codes.ohio.gov/ohio-revised-code/section-4549.03",
"quote": "within twenty-four hours after the accident, shall forward to the police department of the city or village in which the accident or collision occurred"
},
{
"citation": "Ohio Rev. Code § 4549.021(A)(2)",
"url": "https://codes.ohio.gov/ohio-revised-code/section-4549.021",
"quote": "the operator shall give that information, within twenty-four hours after the accident or collision, to the police department of the city or village"
}
],
"verifiedOn": "2026-10-19"
},
"dmvReport": {
"status": "verified",
"summary": "Ohio does not require you to file your own crash report with the BMV. You may file one within six months if the other driver was uninsured. Then the BMV makes that driver prove they had insurance.",
"trigger": "Optional. Only used to allege that another driver or owner involved in the crash was uninsured.",
"deadline": "Within six months after the accident (optional)",
"agency": "Ohio Bureau of Motor Vehicles (Registrar of Motor Vehicles), form BMV 3303",
"suspension": "No penalty for not filing (the report is optional). The driver accused of being uninsured must send proof of financial responsibility within 30 days of the BMV notice; operating without insurance carries a class F license suspension under R.C. 4509.101(A)(2)(a).",
"citation": "Ohio Rev. Code § 4509.06(A)",
"url": "https://codes.ohio.gov/ohio-revised-code/section-4509.06",
"quote": "may, within six months after the accident, forward a written report of the accident to the registrar of motor vehicles",
"note": "Current 4509.06 effective Sept. 30, 2025 (H.B. 96, 136th GA) broadened who may file (any person involved, including property owners and injured persons); the prior Sept. 28, 2012 version (S.B. 337) let 'the driver' file and was also permissive ('may'). The BMV 3101 brochure (dated 5/20) mentions a trigger of injury/death or property damage over $400 that is not in the current statute text, and lists reinstatement fees that differ from current 4509.101; treat the brochure as dated. R.C. 4509.101(A)(3)(a) and (B)(1) still refer to an accident 'that requires the filing of an accident report under section 4509.06', which is inconsistent with the permissive wording. Reports are confidential and not admissible as evidence (R.C. 4509.10).",
"alsoCitations": [
{
"citation": "Ohio Rev. Code § 4509.06(C)",
"url": "https://codes.ohio.gov/ohio-revised-code/section-4509.06",
"quote": "Within thirty days after the mailing of the notice by the registrar, the driver of the vehicle alleged to be uninsured shall forward a report"
},
{
"citation": "Ohio BMV brochure BMV 3101 (5/20), 'You Can't Drive Without Vehicle Insurance in Ohio'",
"url": "https://dam.assets.ohio.gov/image/upload/publicsafety.ohio.gov/bmv3101.pdf",
"quote": "may file a Motor Vehicle Crash Report (BMV 3303) with the Ohio BMV within six months after the accident if they determine that the other driver was uninsured."
}
],
"verifiedOn": "2026-10-19"
},
"drivingRecordRetention": {
"status": "verified",
"summary": "Crashes show up on your Ohio driving record. The standard BMV driving record abstract covers three years. A fuller 'driving record history' can show older items kept in the BMV database.",
"years": 3,
"citation": "Ohio BMV, Types of BMV Records",
"url": "https://bmv.ohio.gov/more-record-types.aspx",
"quote": "A driving record abstract is a three-year record of all moving violation convictions, accident involvement reports and other actions that result in license suspensions, revocations or other disqualifications.",
"note": "Same page: the free online unofficial copy covers 'the last two years', and a 'Driving Record History' is a record of all such items 'maintained in the Ohio BMV database' with no stated time limit. No statute or BMV page found stating when accident entries are purged from the database. The page does not say whether fault affects whether the accident is listed.",
"verifiedOn": "2026-10-19"
},
"rateDurationRule": {
"status": "verified",
"value": "none_found",
"summary": "Ohio law does not set a limit on how long an insurer can charge more for an at-fault crash. Each insurer's rating plan, filed with the Ohio Department of Insurance, sets how long a surcharge lasts.",
"citation": "Ohio Rev. Code § 3937.03(A)(1)",
"url": "https://codes.ohio.gov/ohio-revised-code/section-3937.03",
"quote": "Every insurer shall file with the superintendent of insurance every form of a policy, endorsement, rider, manual of classifications, rules, and rates, every rating plan",
"note": "Read R.C. 3937.02 (rate standards), 3937.03 (filing; personal-lines filings effective on filing per 3937.03(C)(2),(5)), 3937.22, 3937.23, 3937.31-.35. None sets a look-back or surcharge duration. Searched Ohio Adm. Code 3901 via web search; found no auto surcharge-duration rule (OAC 3901-1-22 risk modification plans is for non-personal lines per search summary, not read in full). R.C. 3937.31(B)(2) expressly preserves 'Lawful surcharges'.",
"alsoCitations": [
{
"citation": "Ohio Rev. Code § 3937.02(C)",
"url": "https://codes.ohio.gov/ohio-revised-code/section-3937.02",
"quote": "Classification rates may be modified to produce rates for individual risks in accordance with rating plans which establish standards for measuring variations in hazards"
}
],
"verifiedOn": "2026-10-19"
},
"unpaidClaimRule": {
"status": "unverified",
"value": "none_found",
"summary": "No Ohio rule was found that bars a rate increase just because you reported a crash or filed a claim that was not paid. Ohio's not-at-fault protections are about fault, not payment.",
"citation": "Ohio Rev. Code § 3937.22 (closest related rule; already known)",
"url": "https://codes.ohio.gov/ohio-revised-code/section-3937.22",
"quote": "No insurer shall increase the cost of a private passenger automobile insurance policy based on the insured's involvement in a single motor vehicle accident during the policy period",
"note": "Searched R.C. ch. 3937 sections (3937.02, .03, .22, .23, .25, .31-.35) and web searches for Ohio no-payment/inquiry surcharge rules; nothing found. Ohio Adm. Code title 3901 was not exhaustively read, so status is unverified. R.C. 3937.22 (single-vehicle, not proximate cause, no conviction) and 3937.23 (uninsured/underinsured motorist, not at fault) are the existing no-increase rules.",
"verifiedOn": "2026-10-19"
},
"forgivenessRegulation": {
"status": "verified",
"value": "rule",
"summary": "Ohio does not regulate accident forgiveness programs directly. Insurers must file their rating plans with the state, and the law allows lawful surcharges. If an insurer cancels or won't renew, it must explain why, and you can ask the state to review a cancellation.",
"citation": "Ohio Rev. Code § 3937.31(B)(2)",
"url": "https://codes.ohio.gov/ohio-revised-code/section-3937.31",
"quote": "(2) Lawful surcharges, adjustments, or other changes in premium;",
"note": "3937.31(B) says sections 3937.30-3937.39 'do not prohibit' lawful surcharges. No Ohio statute found requiring an insurer to explain a premium increase or surcharge, and none specific to accident forgiveness. Notice-with-reasons applies to cancellation (3937.32, with superintendent review under 3937.35) and nonrenewal (3937.34, at least 30 days before expiration).",
"alsoCitations": [
{
"citation": "Ohio Rev. Code § 3937.03(A)(1)",
"url": "https://codes.ohio.gov/ohio-revised-code/section-3937.03",
"quote": "Every insurer shall file with the superintendent of insurance every form of a policy, endorsement, rider, manual of classifications, rules, and rates, every rating plan"
},
{
"citation": "Ohio Rev. Code § 3937.34(D)",
"url": "https://codes.ohio.gov/ohio-revised-code/section-3937.34",
"quote": "An explanation of the reason for nonrenewal and the information upon which it is based"
}
],
"verifiedOn": "2026-10-19"
}
},
"otherFindings": [
{
"summary": "Uninsured after a crash: the BMV can require a security deposit (R.C. 4509.13) and must suspend the license and registrations if the person does not deposit security or request a hearing within 30 days.",
"citation": "Ohio Rev. Code § 4509.17",
"url": "https://codes.ohio.gov/ohio-revised-code/section-4509.17",
"quote": "the registrar shall impose a class F suspension of the person's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege"
},
{
"summary": "Driving without continuous proof of financial responsibility leads to a class F suspension for a first violation and fees to reinstate (R.C. 4509.101(A)(2), (A)(5)); current version effective Sept. 30, 2025.",
"citation": "Ohio Rev. Code § 4509.101(A)(1)",
"url": "https://codes.ohio.gov/ohio-revised-code/section-4509.101",
"quote": "No person shall operate, or permit the operation of, a motor vehicle in this state, unless proof of financial responsibility is maintained continuously throughout the registration period"
},
{
"summary": "Crash reports filed with the BMV under the financial responsibility law are confidential and cannot be used as evidence in a trial about the crash.",
"citation": "Ohio Rev. Code § 4509.10",
"url": "https://codes.ohio.gov/ohio-revised-code/section-4509.10",
"quote": "Motor vehicle accident reports shall not be subject to subpoena or be used as evidence in any trial, civil or criminal, arising out of the accident"
}
]
},
"TX": {
"name": "Texas",
"slug": "texas",
"verifiedOn": "2026-10-19",
"badge": "No rate rise for an unpaid claim",
"metaSummary": "no state limit on accident surcharges, no rate rise for a claim that wasn't paid, accident forgiveness by insurer, when to call police, and reporting vs. filing a claim.",
"answers": {
"record": "Texas sets no limit on your rate; insurers typically surcharge for 3 years. Your standard 3-year DPS record lists a crash only if you got a ticket; your full record lists every crash. Claims reports keep it up to 7 years.",
"forgivenessLaw": "Texas law doesn't require it.",
"increaseTail": "Texas doesn't limit accident surcharges, but an insurer can't raise your rate solely for a claim it didn't pay."
},
"hub": {
"rateLimit": "No limit in law",
"shield": "None (no rise for an unpaid claim)",
"police": "Injury, death or a car that can't be driven: right away",
"dmv": "None (repealed 2017)",
"record": "3-year record: only with a ticket"
},
"deciding": [
"Call the police right away if anyone is hurt or a car can't be driven safely. You no longer file your own crash report with the state (that ended in 2017), though some cities still require one.",
"Asking isn't claiming. In Texas, an insurer can't raise your rate solely because you asked a question or filed a claim it didn't pay. Call and ask how a claim would affect your rate before you decide.",
"You caused it? Texas doesn't limit the size or length of an accident surcharge. Ask your insurer how many years it uses, then compare that with the repair bill.",
"No insurance? After a crash with injury or $1,000 or more in damage, the state can suspend your license and registration unless you post security.",
"The other driver at fault? Claim against their insurer, and check whether your car lost resale value."
],
"facts": {
"policeReport": {
"status": "verified",
"summary": "In Texas, you must call the police right away if anyone is hurt or killed, or if a car is too damaged to drive safely. Call city police inside a city, or the sheriff or nearest DPS office outside one.",
"trigger": "Collision resulting in injury to or death of a person, or damage to a vehicle to the extent it cannot be normally and safely driven (i.e., needs towing or cannot run under its own power safely, per § 550.022(d)).",
"deadline": "Immediately, by the quickest means of communication",
"citation": "Tex. Transp. Code § 550.026(a)",
"url": "https://tcss.legis.texas.gov/resources/TN/htm/TN.550.htm",
"quote": "damage to a vehicle to the extent that it cannot be normally and safely driven shall immediately by the quickest means of communication give notice of the collision",
"note": "Notice goes to the local police department (in a municipality), police or sheriff (within 100 feet outside city limits), otherwise the sheriff or nearest DPS office. 550.026 last amended by H.B. 2190 (88th Leg.), eff. Sept. 1, 2023. Officers who investigate must file a report with TxDOT within 10 days if there is injury/death or $1,000+ apparent damage to one person's property (§ 550.062). (Read from the Texas Legislature's statute file server; the same text is displayed at statutes.capitol.texas.gov/Docs/TN/htm/TN.550.htm.)",
"alsoCitations": [
{
"citation": "Tex. Transp. Code § 550.062(a)-(b)",
"url": "https://tcss.legis.texas.gov/resources/TN/htm/TN.550.htm",
"quote": "damage to the property of any one person to the apparent extent of $1,000 or more"
}
],
"verifiedOn": "2026-10-19"
},
"dmvReport": {
"status": "verified",
"summary": "Texas no longer requires drivers to file their own crash report with the state. The old driver report rule (the CR-2 'blue form') was repealed on September 1, 2017. Some cities can still require a local report.",
"trigger": "None at the state level since Sept. 1, 2017. A city ordinance may require a report to a city department for a collision with injury/death or apparent total property damage of $25 or more (§ 550.067).",
"deadline": "Not applicable (state requirement repealed)",
"agency": "Texas Department of Transportation (TxDOT) formerly received driver reports; no state agency now",
"suspension": "Not applicable; no state driver crash report requirement remains. (License suspension risk after a crash comes from the financial responsibility law, Tex. Transp. Code ch. 601, subch. H.)",
"citation": "Acts 2017, 85th Leg., R.S., ch. 533 (S.B. 312), § 74 (repealing Tex. Transp. Code §§ 550.061 and 601.004), eff. Sept. 1, 2017",
"url": "https://capitol.texas.gov/tlodocs/85R/billtext/html/SB00312F.htm",
"quote": "228.201(b), 550.061, and 601.004, Transportation Code.",
"note": "SB 312 § 74 begins 'The following provisions are repealed:' and lists 550.061 and 601.004; SB 312 § 81: 'This Act takes effect September 1, 2017.' Current ch. 550 has no § 550.061. TxDOT says drivers given a CR-2 or local form after a crash not investigated by police 'should retain this information for their records'. Check the local city ordinance where the crash happened.",
"alsoCitations": [
{
"citation": "Tex. Transp. Code § 550.065(a)(1)(B)",
"url": "https://tcss.legis.texas.gov/resources/TN/htm/TN.550.htm",
"quote": "former Section 550.061 or 601.004 before September 1, 2017"
},
{
"citation": "TxDOT, Crash reports and records",
"url": "https://www.txdot.gov/data-maps/crash-reports-records.html",
"quote": "Effective Sept. 1, 2017, per the 85th Texas Legislature Senate Bill 312, the Driver's Crash Report (Form CR-2) is no longer retained by TxDOT."
},
{
"citation": "Tex. Transp. Code § 550.067(a)",
"url": "https://tcss.legis.texas.gov/resources/TN/htm/TN.550.htm",
"quote": "A municipality by ordinance may require the operator of a vehicle involved in a collision to file with a designated municipal department"
}
],
"verifiedOn": "2026-10-19"
},
"drivingRecordRetention": {
"status": "verified",
"summary": "Crashes are recorded on your Texas driver record. The standard 3-year record lists crashes only if you got a ticket. A full record you can order for yourself lists all crashes, with no time limit stated.",
"years": 3,
"citation": "Texas DPS, How to Order a Driver Record (Type 2, 3-year history)",
"url": "https://www.dps.texas.gov/DriverLicense/driverrecords.htm",
"quote": "List of crashes (if a ticket was received), and all moving violations for three years from date of offense.",
"note": "'years: 3' is the window of the standard Type 2 record and of the statutory third-party disclosure in § 521.046 (which covers only crashes where the driver got a citation). Type 3/3A (all crashes) is given only to the record holder; Type AR (certified abstract) contains all information in the record. No statute or DPS page states a purge period for crash entries; § 521.043 lets DPS drop records it deems no longer necessary.",
"alsoCitations": [
{
"citation": "Texas DPS, How to Order a Driver Record (Type 3)",
"url": "https://www.dps.texas.gov/DriverLicense/driverrecords.htm",
"quote": "List of all crashes (even if no ticket was received), and all moving and nonmoving violations in the record."
},
{
"citation": "Tex. Transp. Code § 521.046(a)",
"url": "https://tcss.legis.texas.gov/resources/TN/htm/TN.521.htm",
"quote": "each motor vehicle collision in which the individual received a citation, by date and location, within the three years preceding the date of the request"
},
{
"citation": "Tex. Transp. Code § 521.042(a)",
"url": "https://tcss.legis.texas.gov/resources/TN/htm/TN.521.htm",
"quote": "the department shall record each collision report and abstract of the court record of a conviction received by the department under a law of this state."
}
],
"verifiedOn": "2026-10-19"
},
"rateDurationRule": {
"status": "verified",
"value": "none_found",
"summary": "Texas law does not limit how long an insurer can charge more for an at-fault crash. Insurers file their own rates and rating manuals with the Texas Department of Insurance. The only 3-year surcharge cap in the auto law is for DWI-type convictions.",
"citation": "Tex. Ins. Code § 2251.101(a)",
"url": "https://tcss.legis.texas.gov/resources/IN/htm/IN.2251.htm",
"quote": "each insurer shall file with the commissioner all rates, applicable rating manuals, supplementary rating information, and additional information as required by the commissioner.",
"note": "Read Tex. Ins. Code ch. 1953 (auto ratemaking), ch. 2251 (file-and-use: rate may be used on and after filing), ch. 551, and 28 TAC ch. 5 table of contents (LII) including §§ 5.401, 5.7016, 5.9970. No accident surcharge look-back found. § 1953.052's 3-year limit applies only to the required surcharge after an intoxication-offense conviction (Penal Code 49.04, 49.07, 49.08). § 551.107's 'preceding three policy years' surcharge rule applies only to fire/homeowners/farm and ranch policies, not auto.",
"alsoCitations": [
{
"citation": "Tex. Ins. Code § 1953.052(a)",
"url": "https://tcss.legis.texas.gov/resources/IN/htm/IN.1953.htm",
"quote": "shall assess a premium surcharge in an amount as stated in the insurer's rating plan against an insured for no more than three years immediately following"
}
],
"verifiedOn": "2026-10-19"
},
"unpaidClaimRule": {
"status": "verified",
"value": "rule",
"summary": "In Texas, an insurer's rating plan can't raise your auto premium just because you asked a question or filed a claim that was not paid or payable under your policy.",
"citation": "Tex. Ins. Code § 1953.051(b)",
"url": "https://tcss.legis.texas.gov/resources/IN/htm/IN.1953.htm",
"quote": "(B) a claim filed by an insured under a personal automobile insurance policy that is not paid or payable under the policy",
"note": "§ 1953.051(b) bars a rating plan from assigning a rate consequence 'solely' to such an inquiry or unpaid claim. Added 2007 (H.B. 2636), amended 2015 (S.B. 189). The word 'solely' matters: a paid claim, or an at-fault accident, can still be rated. § 551.113(c) defines a customer inquiry as a communication that 'does not result in an investigation or claim'. The 2026 Bill of Rights PDF on TDI's site carries a 'DRAFT' watermark; insurers must use the 2026 version starting Jan. 1, 2027 (TDI adoption order 2026-10132); the 2024 version is in use until then.",
"alsoCitations": [
{
"citation": "Tex. Ins. Code § 1953.051(b)(1)(A)",
"url": "https://tcss.legis.texas.gov/resources/IN/htm/IN.1953.htm",
"quote": "(A) a consumer inquiry, as defined by Section 544.551, made by an applicant or insured"
},
{
"citation": "Tex. Ins. Code § 551.113(b-1)",
"url": "https://tcss.legis.texas.gov/resources/IN/htm/IN.551.htm",
"quote": "An insurer may not consider a customer inquiry as a basis for nonrenewal or cancellation of an insurance policy."
}
],
"verifiedOn": "2026-10-19"
},
"forgivenessRegulation": {
"status": "verified",
"value": "rule",
"summary": "Texas does not regulate accident forgiveness programs directly. Insurers must file their rates and rating manuals with the state. You can ask the insurance commissioner for a hearing on a filing that harms you, and insurers must give you a Consumer Bill of Rights.",
"citation": "Tex. Ins. Code § 2251.105(a)",
"url": "https://tcss.legis.texas.gov/resources/IN/htm/IN.2251.htm",
"quote": "An insured who is aggrieved with respect to any filing under this chapter that is in effect, or the public insurance counsel,",
"note": "The aggrieved insured 'may apply to the commissioner in writing for a hearing on the filing' (§ 2251.105(a)). No Texas statute or rule found requiring notice of an auto premium increase or surcharge: § 2251.005 (notice of 10%+ rate increase) applies only to residential property policies. No accident-forgiveness-specific rule found. 28 TAC § 5.7016 (already known) limits nonrenewal for not-at-fault claims; § 551.1055 requires 30 days' notice of material coverage changes at renewal, and § 551.105 requires 60 days' notice of nonrenewal.",
"alsoCitations": [
{
"citation": "Tex. Ins. Code § 2251.101(a)",
"url": "https://tcss.legis.texas.gov/resources/IN/htm/IN.2251.htm",
"quote": "An insurer may use a rate filed under this subchapter on and after the date the rate is filed."
},
{
"citation": "28 TAC § 5.9970(c)",
"url": "https://www.law.cornell.edu/regulations/texas/28-Tex-Admin-Code-SS-5-9970",
"quote": "All insurers writing personal automobile insurance policies must provide with each new policy of personal automobile insurance a copy of the 2024 version of the Auto Bill of Rights."
}
],
"verifiedOn": "2026-10-19"
}
},
"otherFindings": [
{
"summary": "A rating plan cannot raise auto premiums because of a charge or conviction for a 'rules of the road' traffic violation (Transportation Code Title 7, Subtitle C), except for policies written through the Texas Automobile Insurance Plan (ch. 2151). This is separate from the accident itself. Surprising enough that it should be confirmed with TDI before publishing a consumer-facing claim.",
"citation": "Tex. Ins. Code § 1953.051(a)(1)",
"url": "https://tcss.legis.texas.gov/resources/IN/htm/IN.1953.htm",
"quote": "(1) assign a rate consequence to a charge or conviction for a violation of Subtitle C, Title 7, Transportation Code",
"note": "Not published. Read literally this bars rating on rules-of-the-road convictions; confirm with TDI before any consumer claim."
},
{
"summary": "Financial responsibility: for a collision with injury/death or at least $1,000 damage to one person's property, DPS must suspend the license and registrations of an owner/driver it finds reasonably likely to be held liable, unless they have insurance or post security (§§ 601.151, 601.153).",
"citation": "Tex. Transp. Code § 601.152(a)",
"url": "https://tcss.legis.texas.gov/resources/TN/htm/TN.601.htm",
"quote": "the department shall suspend the driver's license and vehicle registrations of the owner and operator of a motor vehicle if:"
},
{
"summary": "Drivers must give name, address, plate number, and the name of their liability insurer to others involved, and show their license if asked.",
"citation": "Tex. Transp. Code § 550.023(1)",
"url": "https://tcss.legis.texas.gov/resources/TN/htm/TN.550.htm",
"quote": "give the operator's name and address, the registration number of the vehicle the operator was driving, and the name of the operator's motor vehicle liability insurer"
}
]
},
"FL": {
"name": "Florida",
"slug": "florida",
"verifiedOn": "2026-10-19",
"badge": "Surcharge capped at 36 months",
"metaSummary": "a 36-month cap on accident surcharges, the substantially-at-fault rule, accident forgiveness by insurer, the new $2,000 police-report threshold, and reporting vs. filing a claim.",
"answers": {
"record": "On your rate, no more than 36 months: Florida caps any accident surcharge there. Your driving record shows a crash only if you got a ticket for it, for as long as the ticket stays (most stay 3 to 5 years). Claims reports keep it up to 7 years.",
"forgivenessLaw": "Florida law doesn't require it.",
"increaseTail": "Florida bars a surcharge unless your insurer finds you were substantially at fault."
},
"shieldIntro": "Florida law limits accident surcharges:",
"hub": {
"rateLimit": "36 months",
"shield": "Not substantially at fault",
"police": "Injury, death or $2,000+ damage: right away",
"dmv": "Within 10 days, only if police didn't report it",
"record": "Only with a ticket; 3 to 5 years"
},
"deciding": [
"Call the police if anyone is hurt or the damage looks like $2,000 or more. That line rose from $500 on October 1, 2026. If police don't write a report, send your own to the FLHSMV within 10 days.",
"Watch the 36-month clock. An accident surcharge can't last longer than 36 months. If you're still being charged after that, ask your insurer to remove it.",
"Not your fault? Florida lists cases where your insurer must refund a surcharge once you show proof: you were lawfully parked, rear-ended with no ticket, hit by a hit-and-run driver you reported within 24 hours, or paid back by the driver who caused it.",
"One at-fault accident can't cost you your policy. Florida bars an insurer from refusing to renew over a single at-fault accident in the current 3-year period (Fla. Stat. § 626.9541(1)(o)3.c.).",
"The other driver at fault? Claim against their insurer, and check whether your car lost resale value."
],
"facts": {
"policeReport": {
"status": "verified",
"summary": "If a crash hurts or kills anyone, or causes at least $2,000 in apparent damage, the driver must call the police right away. Inside a city, call the city police. Outside a city, call the sheriff or the Florida Highway Patrol.",
"trigger": "Injury to or death of any person, or apparent damage to any vehicle or other property of at least $2,000",
"threshold": 2000,
"deadline": "Immediately, by the quickest means of communication",
"citation": "Fla. Stat. § 316.065(1)",
"url": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.065.html",
"quote": "damage to any vehicle or other property in an apparent amount of at least $2,000 shall immediately by the quickest means of communication give notice of the crash",
"note": "Threshold raised from $500 to $2,000 by ch. 2026-39, § 7, Laws of Fla. (SB 488), effective October 1, 2026 (session law read at laws.flrules.org/2026/39: '$2,000 $500' strike-through and 'This act shall take effect October 1, 2026'). The 2026 Florida Statutes page shows $2,000. Any sources saying $500 are out of date. Violation is a noncriminal traffic infraction (nonmoving). Separately, § 316.061(1) requires the driver to stop and remain at the scene of a property-damage crash with an attended vehicle/property.",
"alsoCitations": [
{
"citation": "Ch. 2026-39, § 7, Laws of Fla. (effective Oct. 1, 2026)",
"url": "https://laws.flrules.org/2026/39",
"quote": "This act shall take effect October 1, 2026."
}
],
"verifiedOn": "2026-10-19"
},
"dmvReport": {
"status": "verified",
"summary": "If police do not write a report on your crash and a vehicle or property was damaged, you must send your own written crash report to the Florida Department of Highway Safety and Motor Vehicles within 10 days. Skipping it is a traffic ticket, not a license suspension.",
"trigger": "Crash resulting in damage to a vehicle or other property that does not require a law enforcement report",
"deadline": "Within 10 days after the crash",
"agency": "Florida Department of Highway Safety and Motor Vehicles (FLHSMV)",
"suspension": "No license suspension stated for failing to file; § 316.066(3)(a) makes it a noncriminal traffic infraction punishable as a nonmoving violation under ch. 318.",
"citation": "Fla. Stat. § 316.066(1)(e), (3)(a)",
"url": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.066.html",
"quote": "shall, within 10 days after the crash, submit a written report of the crash to the department. The report shall be submitted on a form approved by the department.",
"note": "Exception is built in: the duty applies only when no law enforcement report is required. Police must complete a long-form report for injury/pain complaints, hit-and-run or DUI, a vehicle needing a wrecker, or a commercial vehicle (§ 316.066(1)(a)), and a short form or exchange-of-information form for other crashes they handle (§ 316.066(1)(c)). The statute sets no dollar threshold for the self-report. FLHSMV offers a 'Driver Self Report of Traffic Crash' form (official 2013 memo cites § 316.066(1)(e) and the 10-day rule). Driver crash reports are made without prejudice and cannot be used as evidence at trial (§ 316.066(4)).",
"alsoCitations": [
{
"citation": "Fla. Stat. § 316.066(3)(a)",
"url": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.066.html",
"quote": "Any driver failing to file the written report required under subsection (1) commits a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318."
},
{
"citation": "FLHSMV memo, Driver Self Report of Traffic Crash Form (Oct. 10, 2013)",
"url": "https://www.flhsmv.gov/pdf/courts/crash/driverselfreportoftrafficcrashform.pdf",
"quote": "drivers involved in a crash which does not warrant a law enforcement report are required to submit a written report to the department within 10 days of the crash."
}
],
"verifiedOn": "2026-10-19"
},
"drivingRecordRetention": {
"status": "verified",
"summary": "A crash shows on your Florida driving record only if you got a ticket because of it. It then stays as long as that ticket does. Most tickets stay 3 to 5 years.",
"citation": "FLHSMV, Questions About Driving Records",
"url": "https://www.flhsmv.gov/driver-licenses-id-cards/questions-about-driving-records/",
"quote": "Crash entries, when a traffic citation was issued as a direct result of the crash. The crash entry has the same retention as an associated guilty disposition.",
"note": "No fixed crash retention period; it follows the linked citation. Same page: 'Most non-moving/moving violations have a 3- to 5-year retention'; serious violations longer (10, 15 years); alcohol-related entries 75 years. Crashes with no citation do not appear on the driver record. FLHSMV sells 3-year, 7-year and complete records.",
"alsoCitations": [
{
"citation": "FLHSMV, Driver Record (abstract) information page",
"url": "https://www.flhsmv.gov/ddl/abstract.html",
"quote": "Citation dispositions of guilty – Most non-moving/moving violations have a 3- to 5-year retention"
}
],
"verifiedOn": "2026-10-19"
},
"rateDurationRule": {
"status": "verified",
"value": "rule",
"summary": "Florida insurers may only look at accidents from the last 36 months when charging you more. Any accident surcharge cannot last more than 36 months.",
"years": 3,
"citation": "Fla. Admin. Code R. 69O-175.008",
"url": "https://www.flrules.org/gateway/readFile.asp?sid=0&tid=2799728&type=1&file=69O-175.008.doc",
"quote": "may not remain in effect in excess of 36 months.",
"note": "Rule text (effective 8/1/1990; implements Fla. Stat. § 626.9541(1)(o)3.a.) applies to liability, PIP, medical payments and collision coverage. Also bars using accidents older than the 36 months before the new/renewal policy's effective date as a basis for a surcharge or nonrenewal. Rule index page: https://www.flrules.org/gateway/ruleNo.asp?id=69O-175.008",
"alsoCitations": [
{
"citation": "Fla. Admin. Code R. 69O-175.008",
"url": "https://www.flrules.org/gateway/readFile.asp?sid=0&tid=2799728&type=1&file=69O-175.008.doc",
"quote": "except for the 36 months immediately preceding the effective date of the new or renewal policy as a basis for imposing or requesting an additional premium"
}
],
"verifiedOn": "2026-10-19"
},
"unpaidClaimRule": {
"status": "verified",
"value": "rule",
"summary": "Florida does not have a rule that simply says 'no surcharge if no claim was paid.' But if you were surcharged and you were paid back by the person who caused the crash (or won a judgment against them), the insurer must refund the surcharge.",
"citation": "Fla. Stat. § 626.9541(1)(o)3.b.(II)",
"url": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0626/Sections/0626.9541.html",
"quote": "Reimbursed by, or on behalf of, a person responsible for the accident or has a judgment against such person;",
"note": "This is one of eight listed circumstances in which the insurer must reimburse a surcharge (or renew) once the insured shows it. No Florida statute or rule found that bars surcharges for an accident that was merely reported with no claim paid, or for claims under a dollar amount; the controlling test is fault: no surcharge unless the insurer in good faith finds the insured 'substantially at fault' (§ 626.9541(1)(o)3.a.), which applies only to liability, PIP, medical payments and collision coverage.",
"alsoCitations": [
{
"citation": "Fla. Stat. § 626.9541(1)(o)3.a.",
"url": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0626/Sections/0626.9541.html",
"quote": "unless the insurer’s file contains information from which the insurer in good faith determines that the insured was substantially at fault in the accident."
}
],
"verifiedOn": "2026-10-19"
},
"forgivenessRegulation": {
"status": "verified",
"value": "rule",
"summary": "Florida has no accident-forgiveness law. But when an insurer adds an accident surcharge, it must tell you that you can get the money back if you prove you were not at fault (for example, you were parked or rear-ended). Taking away a discount because of an accident counts as a surcharge.",
"citation": "Fla. Stat. § 626.9541(1)(o)3.b.",
"url": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0626/Sections/0626.9541.html",
"quote": "shall, in conjunction with the notice of premium due or notice of nonrenewal, notify the named insured that he or she is entitled to reimbursement",
"note": "The listed not-at-fault proofs: lawfully parked; reimbursed by the responsible party or holds a judgment; rear-ended by a vehicle going the same way and not convicted of a moving violation; hit-and-run reported within 24 hours; other driver convicted of a moving violation and insured was not; adjudicated not liable; citation dismissed or nolle prossed; or a written statement showing lack of fault not rebutted by the insurer's file. 69O-175.002 extends the no-surcharge rules to removal of discounts/credits (relevant to claim-free or accident-forgiveness discounts). No Florida statute or rule specifically regulating 'accident forgiveness' programs was found. Auto rates and rating manuals must be filed with the Office of Insurance Regulation (§ 627.0651(1)).",
"alsoCitations": [
{
"citation": "Fla. Admin. Code R. 69O-175.002",
"url": "https://www.flrules.org/gateway/readFile.asp?sid=0&tid=2799437&type=1&file=69O-175.002.doc",
"quote": "such prohibition shall apply equally to insurers removing or eliminating a premium discount or credit because the insured was involved in a motor vehicle accident"
},
{
"citation": "Fla. Stat. § 627.0651(1)",
"url": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.0651.html",
"quote": "A copy of rates, rating schedules, and rating manuals, and changes therein, shall be filed with the office under one of the following procedures:"
}
],
"verifiedOn": "2026-10-19"
}
},
"otherFindings": [
{
"summary": "Insurer cannot refuse to renew your policy over just one at-fault accident in the current 3-year period (three or more accidents in 3 years, regardless of fault, can lead to nonrenewal).",
"citation": "Fla. Stat. § 626.9541(1)(o)3.c.",
"url": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0626/Sections/0626.9541.html",
"quote": "may not fail to renew a policy if the insured has had only one accident in which he or she was at fault within the current 3-year period."
},
{
"summary": "After a police-reported crash, an uninsured driver/owner can have their license and all registrations suspended unless they post security, get a release, or qualify for another exemption; drivers with an auto liability policy in effect at the time are exempt.",
"citation": "Fla. Stat. § 324.051(2)(a), (b)1.",
"url": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0324/Sections/0324.051.html",
"quote": "the department shall suspend, after due notice and opportunity to be heard, the license of each operator and all registrations of the owner"
},
{
"summary": "Drivers in a property-damage crash with an attended vehicle or property must stop and stay at the scene to exchange information; leaving is a second-degree misdemeanor.",
"citation": "Fla. Stat. § 316.061(1)",
"url": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.061.html",
"quote": "shall immediately stop such vehicle at the scene of such crash or as close thereto as possible"
},
{
"summary": "Each party must give the officer proof of insurance; failing to do so is a nonmoving infraction (citation may be voided if valid proof is shown within 24 hours).",
"citation": "Fla. Stat. § 316.066(1)(d)",
"url": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.066.html",
"quote": "Each party to the crash must provide the law enforcement officer with proof of insurance, which must be documented in the crash report."
}
]
},
"CA": {
"name": "California",
"slug": "california",
"verifiedOn": "2026-10-19",
"badge": "At fault means 51% or more",
"metaSummary": "losing the Good Driver Discount for 3 years, the 51% and $1,000 at-fault test, accident forgiveness by insurer, the SR-1 report within 10 days, and reporting vs. filing a claim.",
"answers": {
"record": "On your rate, an at-fault accident costs you the Good Driver Discount (at least 20%) for 3 years. Your DMV record shows a reported crash for 3 years, whoever caused it. Claims reports keep it up to 7 years.",
"forgivenessLaw": "California law doesn't require it.",
"increaseTail": "A crash counts against you only if you were at least 51% at fault and, with no injuries, damage topped $1,000."
},
"shieldIntro": "California's rules, from Proposition 103, decide when an accident can count against you:",
"hub": {
"rateLimit": "No cap; Good Driver Discount lost for 3 years",
"shield": "Under 51% at fault, or $1,000 or less",
"police": "Injury or death: within 24 hours",
"dmv": "SR-1 within 10 days if injury or over $1,000",
"record": "3 years"
},
"deciding": [
"File the SR-1 with the DMV within 10 days if anyone was hurt or anyone's property damage topped $1,000, even if police came and even if it wasn't your fault. Skipping it can cost you your license.",
"Your insurer says you were at fault? It must tell you in writing and why. You have 30 days to ask it to reconsider, and a different person has to decide.",
"Small crash, nobody hurt? If the total damage was $1,000 or less, it can't count as an at-fault accident on your driving-safety record. Above that, compare the repair bill with losing the Good Driver Discount for 3 years.",
"Don't count on forgiveness here. Several big insurers don't sell it in California; check the table above.",
"The other driver at fault? Claim against their insurer, and check whether your car lost resale value."
],
"facts": {
"policeReport": {
"status": "verified",
"summary": "If anyone is hurt or killed, you must make a written report to the CHP (or city police if the crash was in a city) within 24 hours. If you hit an unattended car or property and can't find the owner, leave a note and tell the police without unnecessary delay.",
"trigger": "Injury or death of any person (Veh. Code 20008); also property-only damage where the owner can't be found (Veh. Code 20002(a)(2))",
"deadline": "Within 24 hours (injury/death); 'without unnecessary delay' for unattended property",
"citation": "Cal. Veh. Code § 20008(a)",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=20008",
"quote": "any accident resulting in injuries to or death of any person shall within 24 hours after the accident make or cause to be made a written report",
"note": "Report goes to the CHP or, inside a city, to either the CHP or the city police. § 20008 last amended Stats. 1970. No police-report duty for a property-only crash where the drivers exchange information at the scene. Leaving the scene of an injury crash is a crime under § 20001.",
"alsoCitations": [
{
"citation": "Cal. Veh. Code § 20002(a)(2)",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=20002",
"quote": "shall without unnecessary delay notify the police department of the city wherein the collision occurred"
},
{
"citation": "Cal. Veh. Code § 20001(a)",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=20001",
"quote": "shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004"
},
{
"citation": "California Driver's Handbook, Section 10 (DMV)",
"url": "https://www.dmv.ca.gov/portal/handbook/california-driver-handbook/financial-responsibility-insurance-requirements-and-collisions/",
"quote": "You must make a report to law enforcement within 24 hours of the collision if anyone is injured or killed."
}
],
"verifiedOn": "2026-10-19"
},
"dmvReport": {
"status": "verified",
"summary": "You must file an SR-1 report with the DMV within 10 days if anyone was hurt (even slightly) or killed, or if property damage was over $1,000. This is required even if police made a report, and no matter who caused the crash. If you don't file it, the DMV will suspend your license.",
"trigger": "Injury, death, or property damage to any one person over $1,000",
"threshold": 1000,
"deadline": "Within 10 days",
"agency": "California Department of Motor Vehicles (form SR-1)",
"suspension": "DMV shall suspend the driving privilege of a driver who fails to report (Veh. Code § 16004(a)); suspension lasts until the report is received or proof of financial responsibility is shown (§ 16004(b)).",
"citation": "Cal. Veh. Code § 16000(a)",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=16000",
"quote": "in excess of one thousand dollars ($1,000), or in bodily injury, or in the death of any person shall report the accident, within 10 days after the accident",
"note": "Current version operative January 1, 2017 (Stats. 2015, Ch. 451, SB 491); threshold is $1,000. Insurance agent, broker or legal representative may file it. No exception when police wrote a report: the DMV says the SR-1 is required in addition to any police report. Per § 16000(c), if no party reports within one year, DMV need not file it and the § 16004/16070 suspensions do not apply. Government-owned vehicles exempt (§ 16000(b)).",
"alsoCitations": [
{
"citation": "Cal. Veh. Code § 16004(a)",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=16004",
"quote": "The department shall suspend the driving privilege of any person who fails, refuses, or neglects to make a report of an accident as required in this chapter."
},
{
"citation": "DMV SR-1 page",
"url": "https://www.dmv.ca.gov/portal/dmv-virtual-office/accident-reporting/",
"quote": "An SR-1 report is required in addition to any other report made to the police, CHP, or your insurance company."
},
{
"citation": "California Driver's Handbook, Section 10 (DMV)",
"url": "https://www.dmv.ca.gov/portal/handbook/california-driver-handbook/financial-responsibility-insurance-requirements-and-collisions/",
"quote": "You (or your representative) must file a report whether or not you caused the collision. This applies even if the collision happened on private property."
}
],
"verifiedOn": "2026-10-19"
},
"drivingRecordRetention": {
"status": "verified",
"summary": "Reported crashes go on your California driving record whether or not you caused them. The DMV discloses accidents on your record for 3 years.",
"years": 3,
"citation": "Cal. Veh. Code § 1808(b)(3)",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=1808",
"quote": "Three years for accidents and all other violations.",
"note": "§ 1808(b) says DMV 'shall make available or disclose' accident report abstracts if the occurrence is within these periods (10 years for DUI, 7 for two-point violations, 3 for accidents). § 1808(a) keeps abstracts out of public inspection where the reporting officer found another person at fault. Separately, an accident DMV deems you responsible for adds one point (Veh. Code § 12810(g)). § 1808 last amended Stats. 2019, Ch. 505.",
"alsoCitations": [
{
"citation": "California Driver's Handbook, Section 10 (DMV)",
"url": "https://www.dmv.ca.gov/portal/handbook/california-driver-handbook/financial-responsibility-insurance-requirements-and-collisions/",
"quote": "DMV will add it to your driver’s record. It does not matter who caused the collision."
},
{
"citation": "Cal. Veh. Code § 12810(g)",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=12810",
"quote": "A traffic accident in which the operator is deemed by the department to be responsible shall be given a value of one point."
}
],
"verifiedOn": "2026-10-19"
},
"rateDurationRule": {
"status": "verified",
"value": "rule",
"summary": "A principally at-fault accident costs you California's Good Driver Discount for 3 years. Insurers must check your DMV record at least every 36 months. The law does not set a separate time cap on other accident-based rating.",
"years": 3,
"citation": "Cal. Ins. Code § 1861.025(b)",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS§ionNum=1861.025",
"quote": "During the previous three years, he or she has not done any of the following:",
"note": "The 3-year window is the Good Driver Discount eligibility lookback (an at-fault property-damage accident counts as one point under § 1861.025(b)(1)(A); an at-fault injury/death accident disqualifies under (b)(3)). I found no separate statute or regulation capping how long insurers may otherwise use an accident; 10 CCR 2632.5(c)(1) defines the driving-safety-record rating factor as the MVR plus principally at-fault accidents and requires MVR re-verification every 36 months, but also lets insurers grant discounts based on a record longer than 36 months.",
"alsoCitations": [
{
"citation": "10 CCR § 2632.5(c)(1)(A)",
"url": "https://www.law.cornell.edu/regulations/california/10-CCR-2632.5",
"quote": "No insurer shall rate or underwrite a renewal policy based upon an MVR older than 36 months at the time the policy is renewed."
}
],
"verifiedOn": "2026-10-19"
},
"unpaidClaimRule": {
"status": "unverified",
"value": "none_found",
"summary": "California does not tie surcharges to whether a claim was paid. Instead, the test is fault: insurers can't raise your rate for a crash you didn't cause, and a property-only crash counts against you only if you were at least 51% at fault and the damage was over $1,000.",
"citation": "Cal. Ins. Code § 491",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS§ionNum=491",
"quote": "shall not provide for an increase in the premium if based upon an accident in which the insured is not at fault, in any manner",
"note": "No CA statute or regulation found that specifically bars surcharges for an accident reported but with no claim paid, an inquiry, or a reimbursed/subrogated claim. Searched Ins. Code 488, 488.5, 491, 1861.025 and 10 CCR 2632.13 and a web search. The closest rules are fault-based: § 491 and 10 CCR 2632.13(b) (51% fault and over $1,000 property damage, already verified). Status unverified because absence was not exhaustively confirmed.",
"verifiedOn": "2026-10-19"
},
"forgivenessRegulation": {
"status": "verified",
"value": "rule",
"summary": "Before treating you as at fault, your insurer must investigate and send you a written notice explaining why. You then have 30 days to ask the insurer to reconsider, and a different employee must decide.",
"citation": "10 CCR § 2632.13(e)(1)-(2)",
"url": "https://www.law.cornell.edu/regulations/california/10-CCR-2632.13",
"quote": "The insurer shall provide written notice to the insured of the result of such investigation, including any determination that the driver was principally at-fault.",
"note": "The notice must state the basis of the determination and advise of the right to reconsideration; insurer must answer in writing within 30 days of the request. § 2632.13(h) also requires insurers that rely on loss-exchange (e.g., CLUE-type) data to tell the driver the source. No CA rule specifically regulating 'accident forgiveness' programs was found.",
"alsoCitations": [
{
"citation": "10 CCR § 2632.13(e)(2)",
"url": "https://www.law.cornell.edu/regulations/california/10-CCR-2632.13",
"quote": "Within 30 days of receipt by the insured of a written notice required by Subsection (e)(1), the insured may request reconsideration of the insurer's determination"
}
],
"verifiedOn": "2026-10-19"
}
},
"otherFindings": [
{
"summary": "Uninsured at the time of a reportable crash: DMV suspends your license (up to four years), regardless of fault.",
"citation": "Cal. Veh. Code § 16070; California Driver's Handbook, Section 10",
"url": "https://www.dmv.ca.gov/portal/handbook/california-driver-handbook/financial-responsibility-insurance-requirements-and-collisions/",
"quote": "Your driving privilege will be suspended for up to four years if you are in a collision and do not have proper insurance coverage."
},
{
"summary": "Hit-and-run damage: you are presumed not at fault for insurance purposes if you reported the crash to legal authorities within a reasonable time.",
"citation": "10 CCR § 2632.13(c)(4)",
"url": "https://www.law.cornell.edu/regulations/california/10-CCR-2632.13",
"quote": "the accident was reported to legal authorities within a reasonable time after the accident"
},
{
"summary": "The DMV won't file an SR-1 or suspend for non-reporting if no party reports within one year of the crash.",
"citation": "Cal. Veh. Code § 16000(c)",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=16000",
"quote": "the department is not required to file a report on the accident and the driver’s license suspension requirements of Section 16004 or 16070 do not apply."
}
]
},
"GA": {
"name": "Georgia",
"slug": "georgia",
"verifiedOn": "2026-10-19",
"badge": "No surcharge if you weren't at fault",
"metaSummary": "no surcharge for a multi-car crash you didn't cause, no time limit in law, accident forgiveness by insurer, the $500 police-report threshold, and reporting vs. filing a claim.",
"answers": {
"record": "Georgia sets no limit on your rate; insurers typically surcharge for 3 years. Your driving record lists a crash only if you were convicted of a moving violation in it. Claims reports keep it up to 7 years.",
"forgivenessLaw": "Georgia law doesn't require it.",
"increaseTail": "Georgia bars a surcharge for a multi-car accident you didn't cause."
},
"shieldIntro": "Georgia law bars one kind of accident surcharge:",
"hub": {
"rateLimit": "No limit in law",
"shield": "Not at fault (multi-car)",
"police": "Injury, death or $500+ damage: right away",
"dmv": "None (repealed 1990)",
"record": "Only with a moving-violation conviction"
},
"deciding": [
"Call the police if anyone is hurt or the damage looks like $500 or more. You don't file your own crash report with the state; that rule ended in 1990.",
"Not at fault in a multi-car crash? Your insurer can't surcharge you. If a surcharge shows up, ask for it in writing and cite O.C.G.A. § 33-9-40.",
"You caused it? Georgia doesn't limit how long a surcharge lasts. Ask your insurer how many years it uses before you decide whether to file.",
"The other driver at fault? Georgia lets you claim your car's lost resale value from their insurer, and in some cases from your own."
],
"facts": {
"policeReport": {
"status": "verified",
"summary": "If a crash hurts or kills anyone, or causes $500 or more in apparent property damage, the driver must tell the police right away. Inside a city, call city police. Outside a city, call the sheriff or the State Patrol.",
"trigger": "Injury to or death of any person, or apparent property damage of $500 or more",
"threshold": 500,
"deadline": "Immediately, by the quickest means of communication",
"citation": "O.C.G.A. § 40-6-273",
"url": "https://law.justia.com/codes/georgia/title-40/chapter-6/article-12/section-40-6-273/",
"quote": "involved in an accident resulting in injury to or death of any person or property damage to an apparent extent of $500.00 or more shall immediately",
"note": "Read on the 2025 Georgia Code (Justia); history shows no amendment since Ga. L. 1994, and the Justia chapter listings already show sections effective Jan. 1, 2027, suggesting 2026 acts are incorporated; no change to the $500 figure found. Exception: § 40-6-274 removes the duty to stop or immediately report when there is no personal injury and no second party or second party's property involved (e.g., single-car, own property only). Georgia courts have held prompt police notice under § 40-6-273 is a condition for uninsured-motorist (John Doe/hit-and-run) recovery (annotations on same page). Under § 40-6-273.1 the officer at the scene must tell each driver to give the other parties owner/driver name and address, plate number and insurer.",
"alsoCitations": [
{
"citation": "O.C.G.A. § 40-6-274",
"url": "https://law.justia.com/codes/georgia/title-40/chapter-6/article-12/section-40-6-274/",
"quote": "in which there is no personal injury or in which no second party and no property of a second party is involved shall not have the duty to stop"
}
],
"verifiedOn": "2026-10-19"
},
"dmvReport": {
"status": "verified",
"summary": "Georgia drivers do not have to file their own crash report with the state. That rule was repealed in 1990. Police reports go to the Georgia Department of Transportation.",
"trigger": "None (driver report to state repealed)",
"agency": "None for driver reports; police crash reports are filed with the Georgia Department of Transportation (GDOT); Department of Driver Services (DDS) handles security/suspension claims",
"suspension": "No driver-report requirement, so no suspension for not filing. Separate risk: uninsured drivers can be suspended under the security provisions (O.C.G.A. §§ 40-9-32, 40-9-33) if another party claims damages.",
"citation": "O.C.G.A. § 40-9-30 (editor's note on former § 40-9-30)",
"url": "https://law.justia.com/codes/georgia/title-40/chapter-9/article-2/section-40-9-30/",
"quote": "Former Code Section 40-9-30, pertaining to the requirement that accidents be reported, which was repealed by Ga. L. 1990, p. 591, § 1, effective July 1, 1990",
"note": "Current § 40-9-31 requires law enforcement agencies to send accident reports (including reports 'submitted to such agency by a member of the public') to GDOT. § 40-6-274 preserves any duty to file a written report that a local law enforcement agency requires, so a local police department may still ask drivers for a written report. The penalty section for failing to report (former § 40-9-31) was also repealed effective July 1, 1990.",
"alsoCitations": [
{
"citation": "O.C.G.A. § 40-9-31",
"url": "https://law.justia.com/codes/georgia/title-40/chapter-9/article-2/section-40-9-31/",
"quote": "Each state and local law enforcement agency shall submit to the Department of Transportation the original document of any accident report prepared by such law enforcement agency"
},
{
"citation": "O.C.G.A. § 40-6-274",
"url": "https://law.justia.com/codes/georgia/title-40/chapter-6/article-12/section-40-6-274/",
"quote": "This Code section shall not abrogate or affect a driver’s duty to file any written report which may be required by the local law enforcement agency."
}
],
"verifiedOn": "2026-10-19"
},
"drivingRecordRetention": {
"status": "unverified",
"summary": "A crash shows on your Georgia driving record only if you were convicted of a moving violation in that crash. Georgia does not publish how many years a crash stays on the record.",
"citation": "O.C.G.A. § 40-5-2(c)(1)",
"url": "https://law.justia.com/codes/georgia/title-40/chapter-5/article-1/section-40-5-2/",
"quote": "The driver’s record provided by the department shall include an enumeration of any accidents in which the individual was convicted of a moving traffic violation",
"note": "Content rule is verified (accidents appear only when tied to a moving-violation conviction). Retention period is unverified: no statute or DDS page found stating how long accident entries remain. DDS sells 3-year, 7-year and lifetime MVRs (https://dds.georgia.gov/dds-forms-and-manuals/how-do-i-mvr-driving-history), but that is a report window, not a retention rule. Insurer agent rating lookups under § 40-5-2(c)(1)(B)(ii) are limited to violations in the preceding three or five years.",
"verifiedOn": "2026-10-19"
},
"rateDurationRule": {
"status": "verified",
"value": "none_found",
"summary": "Georgia has no law or rule that limits how many years an insurer can charge you more for an at-fault accident. The 36-month rules in Georgia law only limit when an insurer can refuse to renew your policy.",
"citation": "O.C.G.A. § 33-9-21(b) (rating plans filed with Commissioner); O.C.G.A. § 33-24-45 (nonrenewal only)",
"url": "https://law.justia.com/codes/georgia/title-33/chapter-9/section-33-9-21/",
"quote": "must file with the Commissioner any rate, rating plan, rating system, or underwriting rule for all personal private passenger motor vehicle insurance",
"note": "Searched: O.C.G.A. Title 33 Ch. 9 (rate standards § 33-9-4, filing § 33-9-21, surcharge bans §§ 33-9-39 and 33-9-40), § 33-24-45 (36-month/$750 limits apply to nonrenewal, already known), and the full Ga. Comp. R. & Regs. Chapter 120-2 subject index at rules.sos.ga.gov (no auto surcharge/merit-rating subject; checked 120-2-65). OCI Bulletin 18-EX-2 (2018, on not-at-fault surcharges) could not be retrieved from an official source (pre-2019 bulletins are not posted on oci.georgia.gov). Surcharge duration is therefore set by each insurer's filed rating plan.",
"verifiedOn": "2026-10-19"
},
"unpaidClaimRule": {
"status": "unverified",
"value": "none_found",
"summary": "Georgia law does not say an insurer can't raise your rate for an accident you reported but got no payment for. It only bans surcharges for multi-car accidents you didn't cause. Small claims under $750 in 3 years can't be used to drop you, but that rule is about renewal, not price.",
"citation": "O.C.G.A. § 33-24-45(e)(3)(H) (nonrenewal only)",
"url": "https://law.justia.com/codes/georgia/title-33/chapter-24/article-1/section-33-24-45/",
"quote": "solely for claims paid or payable pursuant to the policy during the preceding 36 month period which did not aggregate in an amount in excess of $750.00",
"note": "This quoted clause is a prohibited reason for NONRENEWAL, not a surcharge limit. No Georgia statute or OCI rule found barring a surcharge for a reported accident with no paid claim, an inquiry, or a fully subrogated claim. The only surcharge bans found: § 33-9-40 (not-at-fault multivehicle accident) and § 33-9-39 (on-duty police, firefighter, EMT accidents).",
"alsoCitations": [
{
"citation": "O.C.G.A. § 33-9-40",
"url": "https://law.justia.com/codes/georgia/title-33/chapter-9/section-33-9-40/",
"quote": "No insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance or cancel such policy as a result of the insured person’s involvement"
}
],
"verifiedOn": "2026-10-19"
},
"forgivenessRegulation": {
"status": "verified",
"value": "rule",
"summary": "Georgia has no accident-forgiveness law. Insurers must file their auto rating plans (including surcharge rules) with the Insurance Commissioner. If an insurer charges you more based on information that differs from what you told them, it must give you the reasons.",
"citation": "O.C.G.A. § 33-9-21(b)",
"url": "https://law.justia.com/codes/georgia/title-33/chapter-9/section-33-9-21/",
"quote": "must file with the Commissioner any rate, rating plan, rating system, or underwriting rule for all personal private passenger motor vehicle insurance",
"note": "Notice right: under the Georgia insurance privacy act, an 'adverse underwriting decision' includes charging a higher property/casualty rate based on information that differs from what the applicant or policyholder furnished (§ 33-39-3(1)(A)(iv)(II)); the insurer must give, or offer on written request, the specific reasons (§ 33-39-11(a)). This is narrower than a general notice-of-surcharge rule. No Georgia statute or rule specifically regulating 'accident forgiveness' programs was found. A nonrenewed insured may request review by the Commissioner (per OCI consumer guide; not separately verified in statute here).",
"alsoCitations": [
{
"citation": "O.C.G.A. § 33-39-3(1)(A)(iv)(II)",
"url": "https://law.justia.com/codes/georgia/title-33/chapter-39/section-33-39-3/",
"quote": "The charging of a higher rate on the basis of information which differs from that which the applicant or policyholder furnished"
},
{
"citation": "O.C.G.A. § 33-39-11(a)",
"url": "https://law.justia.com/codes/georgia/title-33/chapter-39/section-33-39-11/",
"quote": "provide the applicant, policyholder, or individual proposed for coverage with the specific reason or reasons for the adverse underwriting decision in writing"
}
],
"verifiedOn": "2026-10-19"
}
},
"otherFindings": [
{
"summary": "Uninsured drivers: if someone claims damages from the crash, DDS can require a security deposit and suspend the driver's license on the 30th day unless security is posted (claims filed more than 6 months after the accident are not considered). Drivers with an auto liability policy in effect are exempt (§ 40-9-34(1)).",
"citation": "O.C.G.A. §§ 40-9-32(b), 40-9-34",
"url": "https://law.justia.com/codes/georgia/title-40/chapter-9/article-2/section-40-9-32/",
"quote": "each operator’s license shall be suspended on the thirtieth day from the date of mailing of notice unless within that time the required security is deposited"
},
{
"summary": "No surcharge for on-duty accidents of law enforcement officers, firefighters or EMTs on their personal auto policies, if they give the insurer proof.",
"citation": "O.C.G.A. § 33-9-39",
"url": "https://law.justia.com/codes/georgia/title-33/chapter-9/section-33-9-39/",
"quote": "No insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance that provides coverage for the personal motor vehicles of any law enforcement officer"
},
{
"summary": "Courts read 'cancel' in § 33-9-40 as not including nonrenewal, so a not-at-fault multivehicle accident bars a surcharge or cancellation but not, by itself, a nonrenewal (subject to § 33-24-45 limits).",
"citation": "O.C.G.A. § 33-9-40 (annotation: Banks v. Aetna Cas. & Sur. Co., 189 Ga. App. 758 (1989))",
"url": "https://law.justia.com/codes/georgia/title-33/chapter-9/section-33-9-40/",
"quote": "While an insurance carrier could not cancel a policy for accidents not the fault of its insured, it was not prohibited from declining to renew the policy"
},
{
"summary": "Drivers in an injury crash or a crash damaging an attended vehicle must stop, give name, address and registration, show their license on request, and help the injured.",
"citation": "O.C.G.A. § 40-6-270(a)",
"url": "https://law.justia.com/codes/georgia/title-40/chapter-6/article-12/section-40-6-270/",
"quote": "shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible"
}
]
},
"PA": {
"name": "Pennsylvania",
"slug": "pennsylvania",
"verifiedOn": "2026-10-19",
"badge": "No surcharge under $2,350",
"metaSummary": "no surcharge unless you were at fault and the insurer paid over $2,350, disclosed surcharge length, accident forgiveness by insurer, the 5-day PennDOT report, and reporting vs. filing a claim.",
"answers": {
"record": "Pennsylvania sets no limit on your rate, but your insurer must tell you how many years its surcharge lasts; 3 is typical. PennDOT doesn't publish how long a crash stays on your driving record. Claims reports keep it up to 7 years.",
"forgivenessLaw": "Pennsylvania law doesn't require it.",
"increaseTail": "Pennsylvania bars a surcharge unless you were at fault and your insurer paid more than $2,350 beyond your deductible."
},
"shieldIntro": "Pennsylvania law limits accident surcharges:",
"hub": {
"rateLimit": "No cap; insurer must disclose length",
"shield": "Not at fault, or $2,350 or less paid",
"police": "Injury, death or a tow: right away",
"dmv": "Within 5 days, only if police didn't investigate",
"record": "Not published"
},
"deciding": [
"Call the police right away if anyone is hurt or a car has to be towed. If police don't investigate that crash, send your own written report to PennDOT within 5 days.",
"Small claim? Your insurer can't surcharge you unless it paid more than $2,350 beyond your deductible, counting the past three years. Below that, filing doesn't add a surcharge.",
"Read the surcharge notice. Your insurer must tell you about a surcharge, explain how it was figured, and show the amount on your bill for as long as it lasts.",
"Not at fault? Pennsylvania lists cases that can't be surcharged, such as being lawfully parked or rear-ended, and bars a surcharge when the insurer gets back at least 60% of what it paid.",
"The other driver at fault? Claim against their insurer, and check whether your car lost resale value."
],
"facts": {
"policeReport": {
"status": "verified",
"summary": "Call the police right away if anyone is hurt or killed, or if any car is too damaged to drive and needs a tow.",
"trigger": "Injury to or death of any person, or damage so that any involved vehicle cannot be driven under its own power and needs towing",
"deadline": "Immediately, by the quickest means of communication",
"citation": "75 Pa.C.S. § 3746(a)",
"url": "https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=75&div=0&chapter=37§ion=46&subsctn=0",
"quote": "shall immediately by the quickest means of communication give notice to the nearest office of a duly authorized police department if the accident involves:",
"note": "Statute text loads on that page from the same URL with '51&iFrame=true' added, which is what was fetched. There is no dollar threshold; the property trigger is a vehicle that needs towing. § 3746(c): the police officer who investigates gives each driver a signed statement that the crash was reported. A separate rule covers hitting an unattended vehicle or property: leave your information and tell police 'without unnecessary delay' (§ 3745(a); see otherFindings). Last amended by Act 130 of 2022, which added (a.1) for highly automated vehicles.",
"alsoCitations": [
{
"citation": "75 Pa.C.S. § 3746(c)",
"url": "https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=75&div=0&chapter=37§ion=46&subsctn=0",
"quote": "shall be investigated by a police officer who shall provide each driver a signed statement that the accident was reported."
}
],
"verifiedOn": "2026-10-19"
},
"dmvReport": {
"status": "verified",
"summary": "If police did not come out to a crash that should have been reported to them (injury, death, or a car that needed a tow), each driver must mail a written crash report (form AA-600) to PennDOT within 5 days.",
"trigger": "A crash that § 3746 requires police to investigate (injury, death, or a vehicle that needs towing) that no police officer investigated",
"deadline": "Within 5 days of the crash",
"agency": "Pennsylvania Department of Transportation (PennDOT)",
"suspension": "§ 3747 does not list a license suspension. Breaking a Title 75 rule that has no penalty of its own is a summary offense with a $25 fine (75 Pa.C.S. § 6502(a)).",
"citation": "75 Pa.C.S. § 3747(a)",
"url": "https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=75&div=0&chapter=37§ion=47&subsctn=0",
"quote": "If a police officer does not investigate an accident required to be investigated by section 3746",
"note": "Statute text was fetched from the '51&iFrame=true' version of the same URL. The full sentence continues: 'the driver ... shall, within five days of the accident, forward a written report of the accident to the department.' Exception: when police investigate, the driver does not file. Driver reports are confidential and cannot be used as evidence at trial (§ 3747(e)-(f)). If the driver is disabled and is not the owner, the owner files within 5 days (§ 3747(d)). The PA Driver's Manual (an older edition that still cites dmv.state.pa.us) names the form AA-600. Its mailing address may be out of date, so check the current form on pa.gov.",
"alsoCitations": [
{
"citation": "PA Driver's Manual, Chapter 4 (PennDOT)",
"url": "https://www.pa.gov/content/dam/copapwp-pagov/en/dmv/documents/driver-services/driver-licensing/chapter_4.pdf",
"quote": "send a Driver's Accident Report Form (AA-600) within five (5) days to:"
},
{
"citation": "75 Pa.C.S. § 6502(a)",
"url": "https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=75&div=0&chapter=65§ion=02&subsctn=0",
"quote": "for which another penalty is not provided shall be sentenced to pay a fine of $25."
}
],
"verifiedOn": "2026-10-19"
},
"drivingRecordRetention": {
"status": "unverified",
"summary": "Reportable crashes that police send to PennDOT are added to the driving record of every Pennsylvania driver involved, and the record does not show who was at fault. PennDOT does not publish how long a crash stays on the record.",
"citation": "PennDOT Crash Newsletter, Winter 2025",
"url": "https://www.pa.gov/content/dam/copapwp-pagov/en/penndot/documents/travelinpa/safety/documents/crash_newsletter_winter_2025.pdf",
"quote": "posted to the driving record of every Pennsylvania driver involved in the crash, as required by the Pennsylvania Vehicle Code.",
"note": "Status is unverified only because no retention period could be found. That crashes appear on the record IS stated by PennDOT. The same newsletter says the state 'cannot place fault for the crash on a driving record.' It warns that insurers often assume a crash on the record was the driver's fault until they get the police report. PennDOT's DL-503 form says the 3-year driver record covers 'Departmental actions and violations for the past 3 years' and the 10-year record is for employment only. Neither mentions crashes or how long they stay. Searched: pa.gov and PennDOT driver-record pages, DL-503, Driver's Manual Ch. 4, and PennDOT points fact sheets.",
"alsoCitations": [
{
"citation": "PennDOT Crash Newsletter, Winter 2025",
"url": "https://www.pa.gov/content/dam/copapwp-pagov/en/penndot/documents/travelinpa/safety/documents/crash_newsletter_winter_2025.pdf",
"quote": "Like most states, Pennsylvania is a no-fault state, meaning the state cannot place fault for the crash on a driving record."
},
{
"citation": "PennDOT Form DL-503 (Request for Driver Information)",
"url": "https://www.pa.gov/content/dam/copapwp-pagov/en/penndot/documents/public/dvspubsforms/bdl/bdl-form/dl-503.pdf",
"quote": "Departmental actions and violations for the past 3 years from the date request is processed."
}
],
"verifiedOn": "2026-10-19"
},
"rateDurationRule": {
"status": "verified",
"value": "none_found",
"summary": "Pennsylvania does not cap how many years an at-fault accident surcharge can last. Instead, your insurer must give you a written surcharge plan that says how many years any surcharge will last. You get it when you apply and at least once a year.",
"citation": "75 Pa.C.S. § 1793(b)(2); 31 Pa. Code § 67.34(a)",
"url": "https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=75&div=0&chapter=17§ion=93&subsctn=0",
"quote": "(2) The number of years any surcharge will be in effect.",
"note": "No duration cap found in 75 Pa.C.S. §§ 1793 and 1799.3 or in 31 Pa. Code ch. 67 subch. C (§§ 67.31-67.35). Those sources only require insurers to disclose the length. A related 3-year window: under § 1799.3(a), no surcharge is allowed if the insurer's total cost 'during the preceding three-year period' is under the threshold. The statute sets $650, adjusted for inflation; the already-verified adjusted figure is $2,350 from July 1, 2026. That window measures claim cost. It does not limit how long a surcharge lasts. The 1799.2 three-year rule is a mature-driver course discount, not a surcharge limit.",
"alsoCitations": [
{
"citation": "31 Pa. Code § 67.34(a)",
"url": "https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/031/chapter67/chap67toc.html",
"quote": "the estimated increase of the surcharge per policy period per policyholder and the number of years a surcharge will be in effect."
},
{
"citation": "75 Pa.C.S. § 1799.3(a)",
"url": "https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=75&div=0&chapter=17§ion=99&subsctn=3",
"quote": "during the preceding three-year period, the aggregate cost to the insurer for any person injured or property damaged is determined to be less than $650"
}
],
"verifiedOn": "2026-10-19"
},
"unpaidClaimRule": {
"status": "verified",
"value": "rule",
"summary": "In Pennsylvania, a surcharge can only come from an at-fault accident where your insurer actually paid a claim, and the payout has to be over the state's dollar threshold. Reporting a crash with no paid claim cannot be surcharged. No surcharge is allowed if the insurer gets back at least 60% of what it paid, or if it only paid your own medical (first-party) claim.",
"citation": "31 Pa. Code § 67.33(a)(1)",
"url": "https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/031/chapter67/chap67toc.html",
"quote": "the claim resulting from that accident was paid in part or in whole by the insurer.",
"note": "Full rule in § 67.33(a)(1): insurers may surcharge 'where payment for at-fault accidents exceeds their approved dollar threshold.' 75 Pa.C.S. § 1799.3(a) bars a surcharge when the insurer's total cost over the prior 3 years is under the threshold. The statute says $650, adjusted for inflation at least every 3 years; the already-verified figure is $2,350 from July 1, 2026, not re-fetched here. § 1799.3(b): no surcharge if the insurer gets back at least 60% through subrogation or a settlement. § 1799.3(c): no surcharge for paying a first-party medical claim. 31 Pa. Code § 67.33(b)(2)(ii) treats you as not at fault if the insurer recovers its entire payment. § 67.33(b)(3): no surcharge for comprehensive claims unless the loss was intentional.",
"alsoCitations": [
{
"citation": "75 Pa.C.S. § 1799.3(b)",
"url": "https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=75&div=0&chapter=17§ion=99&subsctn=3",
"quote": "shall not be made if the insurer is reimbursed by or on behalf of the named insured or other resident operator for at least 60% of the total amount"
},
{
"citation": "75 Pa.C.S. § 1799.3(c)",
"url": "https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=75&div=0&chapter=17§ion=99&subsctn=3",
"quote": "No surcharge, rate penalty or driver record point assignment shall be made as a result of an insurer paying a first party medical claim."
},
{
"citation": "75 Pa.C.S. § 1793(a)(1)",
"url": "https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=75&div=0&chapter=17§ion=93&subsctn=0",
"quote": "made a claim under the policy and was paid thereon unless it is determined that the insured was at fault"
}
],
"verifiedOn": "2026-10-19"
},
"forgivenessRegulation": {
"status": "verified",
"value": "rule",
"summary": "Pennsylvania has no rule about accident forgiveness programs, but it does regulate surcharges. If your insurer adds a surcharge, it must tell you, explain how it was figured, and show the amount on every premium notice while the surcharge lasts. Insurers must also give every customer a surcharge disclosure plan each year.",
"citation": "75 Pa.C.S. § 1799.3(d)",
"url": "https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=75&div=0&chapter=17§ion=99&subsctn=3",
"quote": "clearly identify the amount of the surcharge or rate penalty on the premium notice for as long as the surcharge or rate penalty is in effect.",
"note": "Under § 1799.3(d), the insurer must also 'inform the named insured of the determination and shall specify the manner in which the surcharge ... was made.' Under § 1793(b) and 31 Pa. Code §§ 67.34-67.35, the surcharge disclosure plan must list the conditions for a surcharge, the estimated increase, the number of years, and the approved dollar threshold. It must also say whether the insurer surcharges for at-fault accidents paid by another insurer (§ 67.34(c)). The plan goes to applicants and to insureds at least once a year. Under § 1793(d), the Insurance Department sets the guidelines for deciding fault. No PA statute or regulation specifically about accident-forgiveness programs was found. 40 P.S. § 1171.5 and Article XX of the Insurance Company Law (40 P.S. § 991.2001 et seq.) were not reviewed in this pass.",
"alsoCitations": [
{
"citation": "75 Pa.C.S. § 1793(b)",
"url": "https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=75&div=0&chapter=17§ion=93&subsctn=0",
"quote": "The surcharge disclosure plan shall be delivered to each insured by the insurer at least once annually."
},
{
"citation": "31 Pa. Code § 67.34(c)",
"url": "https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/031/chapter67/chap67toc.html",
"quote": "whether the insurer will assess a premium surcharge due to the payment of an at-fault accident by another insurer."
}
],
"verifiedOn": "2026-10-19"
}
},
"otherFindings": [
{
"summary": "Lack of insurance: if PennDOT finds a vehicle was driven without the required insurance, it suspends the vehicle's registration and the owner's driving privilege for 3 months. For the registration suspension, the owner can choose a $500 civil penalty instead, no more than once in 12 months.",
"citation": "75 Pa.C.S. § 1786(d)(1)",
"url": "https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=75&div=0&chapter=17§ion=86&subsctn=0",
"quote": "shall suspend the registration of a vehicle for a period of three months if it determines the required financial responsibility was not secured"
},
{
"summary": "Hitting a parked (unattended) car or other property: stop, find the owner or leave a note with your name, address, insurance and plate number, then tell police without unnecessary delay. Breaking this rule carries a $300 fine and up to 90 days in jail.",
"citation": "75 Pa.C.S. § 3745",
"url": "https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=75&div=0&chapter=37§ion=45&subsctn=0",
"quote": "shall without unnecessary delay notify the nearest office of a duly authorized police department."
},
{
"summary": "In any crash with injury or damage to an attended vehicle, give your name, address and plate number, and show your license and insurance information if asked.",
"citation": "75 Pa.C.S. § 3744(a)",
"url": "https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=75&div=0&chapter=37§ion=44&subsctn=0",
"quote": "shall give his name, address and the registration number of the vehicle he is driving"
},
{
"summary": "Some crashes legally count as not your fault for surcharge purposes. Examples: your car was legally parked and got hit, you were rear-ended and not ticketed, the other driver was convicted and you were not, a hit-and-run you reported within 24 hours, or hitting an animal.",
"citation": "31 Pa. Code § 67.33(b)(2)",
"url": "https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/031/chapter67/chap67toc.html",
"quote": "The motor vehicle is struck in the rear by another vehicle and the insured has not been convicted of a traffic violation in connection with the accident."
}
]
},
"IL": {
"name": "Illinois",
"slug": "illinois",
"verifiedOn": "2026-10-19",
"badge": "No state limits on surcharges",
"metaSummary": "no state limit on accident surcharges, accident forgiveness by insurer, the $1,500 police-notice threshold, no driver report since 2021, and reporting vs. filing a claim.",
"answers": {
"record": "Illinois sets no limit on your rate; insurers typically surcharge for 3 years. Crashes can appear on your Illinois driving record, but the state doesn't publish for how long. Claims reports keep them up to 7 years.",
"forgivenessLaw": "Illinois law doesn't require it.",
"increaseTail": "Illinois has no law limiting accident surcharges."
},
"hub": {
"rateLimit": "No limit in law",
"shield": "None",
"police": "Injury, death or over $1,500 damage, if no officer came",
"dmv": "None (repealed 2021)",
"record": "Not published"
},
"deciding": [
"Call the police if no officer came and anyone is hurt or damage tops $1,500 ($500 if a car involved has no insurance). You no longer file your own crash report with the state.",
"No state limits. Illinois doesn't cap the size or length of an accident surcharge, so your insurer's rules decide. Ask how many years it surcharges before you file a small claim.",
"Starting July 1, 2027, insurers must warn you at least 30 days ahead before a renewal increase of more than 10%.",
"The other driver at fault? Claim against their insurer, and check whether your car lost resale value."
],
"facts": {
"policeReport": {
"status": "verified",
"summary": "If no officer is at the scene, call police by the fastest way you can when a crash hurts or kills someone, or causes more than $1,500 in property damage. The limit is $500 if any vehicle in the crash had no insurance.",
"trigger": "Injury or death; property damage to any person over $1,500 (over $500 if any involved vehicle is uninsured); any crash involving a school bus with damage, injury or death; or injury or death within 50 feet of a school bus to someone boarding or leaving it",
"threshold": 1500,
"deadline": "Right away, by the fastest available means, if no police officer is present",
"citation": "625 ILCS 5/11-407(a)",
"url": "https://www.ilga.gov/Documents/legislation/ilcs/documents/062500050K11-407.htm",
"quote": "give notice of the crash by the fastest available means of communication to the local police department if such crash occurs within a municipality",
"note": "Current text cites P.A. 103-1047, eff. 1-1-25, which reworded 11-407 as 'Immediate notice of crash.' Who to call: local police inside a city or town; outside one, the nearest county sheriff or Illinois State Police post. The $1,500/$500 thresholds match 7-201. 11-401(b): a driver who left the scene of an injury or death crash must report to a police station or sheriff's office within half an hour. 11-404: after hitting an unattended vehicle or property, leave a note and tell police 'without unnecessary delay.'",
"verifiedOn": "2026-10-19"
},
"dmvReport": {
"status": "verified",
"summary": "Illinois drivers no longer have to file their own crash report with the state. The old law requiring a driver report (the SR-1/SR1B Motorist Report to IDOT) was repealed in 2021. Police still file the official crash report.",
"trigger": "None. The driver-report requirement was repealed.",
"deadline": "None. Police who investigate must send their report to IDOT within 10 days (625 ILCS 5/11-408(a)).",
"agency": "Illinois Department of Transportation (IDOT)",
"suspension": "Not applicable; no driver report is required. Separately, after a crash with injury or more than $1,500 in damage, an uninsured driver can be suspended under the safety responsibility law (625 ILCS 5/7-201, 7-205; see otherFindings).",
"citation": "625 ILCS 5/11-406 (repealed by P.A. 102-560, eff. 8-20-21)",
"url": "https://www.ilga.gov/Documents/legislation/ilcs/documents/062500050K11-406.htm",
"quote": "Sec. 11-406. (Repealed). (Source: P.A. 95-754, eff. 1-1-09. Repealed by P.A. 102-560, eff. 8-20-21.)",
"note": "The lead about a 10-day driver report to IDOT is outdated: 11-406 and 11-410 were both repealed by P.A. 102-560. IDOT says state employees in a crash in a state vehicle must still file the Motorist Report. Some stale references remain: 11-404 still says to make a written report 'as required in Section 11-407,' and the SOS FAQ still tells people hit by an uninsured driver to submit an 'Illinois Crash Report' to IDOT. Under 11-415, a city or town may require its own driver crash report by ordinance.",
"alsoCitations": [
{
"citation": "IDOT, Crash Reports page",
"url": "https://idot.illinois.gov/form-and-reports/crash-reports.html",
"quote": "a motorist involved in a motor vehicle crash will not need to fill out an SR1B Illinois Motorist Report and send it to the Illinois Department of Transportation."
},
{
"citation": "625 ILCS 5/11-415",
"url": "https://www.ilga.gov/Documents/legislation/ilcs/documents/062500050K11-415.htm",
"quote": "Municipalities may by ordinance require that the driver or owner of a vehicle involved in a traffic crash file with the designated municipal office a written report"
}
],
"verifiedOn": "2026-10-19"
},
"drivingRecordRetention": {
"status": "unverified",
"summary": "Crashes do show up on an Illinois driving record. The Secretary of State does not publish how long a crash stays there.",
"citation": "625 ILCS 5/2-123(g)",
"url": "https://www.ilga.gov/Documents/legislation/ilcs/documents/062500050K2-123.htm",
"quote": "Such record shall contain all the information referred to in paragraph 1 of this subsection (g) plus: any recorded crash involvement as a driver;",
"note": "Status is unverified only because no retention period was found; that crashes appear is verified. The SOS Drivers FAQ says moving violations stay 4 to 5 years from conviction, and items behind a suspension or revocation stay at least 7 years from reinstatement. Those periods are for violations, not crashes. 625 ILCS 5/6-117(d) says the SOS 'may also maintain appropriate records of any crash reports received' without giving a time limit. 11-408(a) and 11-412(a) let the SOS disclose 'notations of crash involvement maintained on individual driving records.' Searched: ilsos.gov FAQ and abstract pages, and ILCS 2-123, 6-117 and 11-408.",
"alsoCitations": [
{
"citation": "Illinois Secretary of State, Drivers FAQ",
"url": "https://www.ilsos.gov/departments/drivers/faq.html",
"quote": "However, convictions, withdrawals, and crashes will be provided."
},
{
"citation": "625 ILCS 5/6-117(d)",
"url": "https://www.ilga.gov/Documents/legislation/ilcs/documents/062500050K6-117.htm",
"quote": "The Secretary of State may also maintain appropriate records of any crash reports received."
}
],
"verifiedOn": "2026-10-19"
},
"rateDurationRule": {
"status": "verified",
"value": "none_found",
"summary": "Illinois has no law limiting how long an insurer can use an at-fault accident to raise your rate. Insurers set their own surcharge rules and file them with the Department of Insurance.",
"citation": "50 Ill. Adm. Code 754.10(b)(1)",
"url": "https://ilga.gov/ftp/JCAR/AdminCode/050/050007540000100R.html",
"quote": "All underwriting rule manuals that contain rules for applying rates or rating plans",
"note": "Searched 215 ILCS 5/143.13 through 143.35 and 155.17 through 155.45, 50 Ill. Adm. Code 754, and the IDOI Private Passenger Auto Review Requirements Checklist. The checklist's 'Surcharges' section lists only 155.27 (prior carrier), 143.24a (disability), 155.26 (one minor speeding ticket) and 625 ILCS 5/7-317(l) (no fee for an SR-22-type filing). Private auto rates and rules are 'use and file': they must reach the Department within 10 days after taking effect. The 36-month periods in 215 ILCS 5/143.19 and 143.19.1 cover only what applicants must disclose and the grounds for cancellation or nonrenewal, not how rates are set. New Article XLVIII (P.A. 104-0753, eff. 7-1-27) lets the Department object to excessive auto rate filings made on or after July 1, 2027. It sets no limit on how long a surcharge can last.",
"alsoCitations": [
{
"citation": "IDOI Review Requirements Checklist, Private Passenger Auto",
"url": "https://idoi.illinois.gov/content/dam/soi/en/web/insurance/companies/documents/PrivatePassengerAuto.pdf",
"quote": "For private passenger auto and motorcycle, rate and rule filings are use and file."
}
],
"verifiedOn": "2026-10-19"
},
"unpaidClaimRule": {
"status": "unverified",
"value": "none_found",
"summary": "No Illinois law was found that stops an insurer from raising your rate for an accident you reported but that led to no paid claim. The closest rule covers a single small speeding ticket: no renewal increase for one ticket of 10 mph or less over the limit when no claim was paid.",
"citation": "215 ILCS 5/155.26 (closest related rule; covers speeding tickets, not accidents)",
"url": "https://www.ilga.gov/Documents/legislation/ilcs/documents/021500050K155.26.htm",
"quote": "and no claim for recovery of damages or loss has been paid by the insurer because of such offense.",
"note": "Marked unverified because a none_found result can't be fully confirmed. Searched 215 ILCS 5/143.x and 155.x and the IDOI PPA review checklist's surcharge section; no claim-paid or not-at-fault surcharge rule appears. This matches the earlier finding ('IL: none found (IDOI checklist)'). One narrow related rule: 215 ILCS 5/143.19.3 bars rate increases solely for a crash while responding to an emergency as a volunteer EMS provider.",
"verifiedOn": "2026-10-19"
},
"forgivenessRegulation": {
"status": "verified",
"value": "rule",
"summary": "Illinois has no accident-forgiveness rule. Starting with renewal notices sent on or after July 1, 2027, insurers must warn you at least 30 days before renewal if your auto premium is going up more than 10%. Today, if an insurer drops you, it must give you the specific reasons, and you can appeal to the Director of Insurance.",
"citation": "215 ILCS 5/143.17(b-5), as amended by P.A. 104-0753 (eff. 7-1-27)",
"url": "https://www.ilga.gov/Documents/legislation/publicacts/104/104-0753.htm",
"quote": "no company may impose renewal premium increases of more than 10% for lines of business enumerated in subsection (a) of Section 143.13",
"note": "Subsection (a) of 143.13 is private auto. Notice must be mailed or sent electronically 'at least 30 days prior to the renewal or anniversary date.' Changes you make to your own coverage and exposure changes don't count toward the 10% (b-5). New 143.17(g) applies this to renewal notices sent on or after July 1, 2027. The codified 143.17 page shows several pending versions: P.A. 104-534 (eff. 1-1-27) raises the nonrenewal notice to 60 days, and P.A. 104-752 and 104-753 (eff. 7-1-27) add the 10% notice. Current law: 143.17(e) requires 'a specific explanation of the reasons for nonrenewal.' 143.23 lets an insured ask the Director for a hearing at least 20 days before a cancellation or nonrenewal under 143.16a and 143.19-143.24 takes effect. 143.19.1 limits nonrenewal after 5 years, but a 'crash record' that might endanger public safety is still a ground. No statute or rule specifically about accident-forgiveness programs was found.",
"alsoCitations": [
{
"citation": "P.A. 104-0753, new 215 ILCS 5/143.17(g)",
"url": "https://www.ilga.gov/Documents/legislation/publicacts/104/104-0753.htm",
"quote": "apply to renewal premium notices sent on or after July 1, 2027."
},
{
"citation": "215 ILCS 5/143.23",
"url": "https://www.ilga.gov/Documents/legislation/ilcs/documents/021500050K143.23.htm",
"quote": "A named insured who wishes to appeal the reasons for cancellation or nonrenewal pursuant to Sections 143.16a and 143.19 through 143.24"
}
],
"verifiedOn": "2026-10-19"
}
},
"otherFindings": [
{
"summary": "Uninsured after a crash: if a crash causes injury or more than $1,500 in damage ($500 if an involved vehicle was uninsured), the state reviews whether an uninsured driver or owner must post security. This doesn't apply to drivers who had liability insurance. If the Secretary of State finds a reasonable chance of a civil judgment, it can suspend the license and registration 45 days after mailing notice.",
"citation": "625 ILCS 5/7-201, 7-202(a)(1), 7-205(a)",
"url": "https://www.ilga.gov/Documents/legislation/ilcs/documents/062500050K7-205.htm",
"quote": "his driving privileges, driver's license or registration will be suspended 45 days after the date of the mailing of the notice"
},
{
"summary": "A safety-responsibility suspension lasts until security is posted or another release applies. The person must also keep proof of financial responsibility (an SR-22-type filing) on file for 3 years.",
"citation": "625 ILCS 5/7-211(b) (P.A. 104-260, eff. 8-15-25)",
"url": "https://www.ilga.gov/Documents/legislation/ilcs/documents/062500050K7-211.htm",
"quote": "The proof is to be maintained by the person in a manner satisfactory to the Secretary of State for a period of 3 years"
},
{
"summary": "If an uninsured at-fault driver hits you, the Secretary of State says the case can be certified for suspension of that driver's license and plates. The suspension lasts until you are paid back or other legal requirements are met.",
"citation": "Illinois Secretary of State, Drivers FAQ",
"url": "https://www.ilsos.gov/departments/drivers/faq.html",
"quote": "our office will suspend the driver's license of the at-fault uninsured driver and the license plates of the uninsured owner involved in the crash."
},
{
"summary": "Leaving the scene of an injury or death crash is a felony, and the Secretary of State must revoke the license of anyone convicted.",
"citation": "625 ILCS 5/11-401(c), (e)",
"url": "https://www.ilga.gov/Documents/legislation/ilcs/documents/062500050K11-401.htm",
"quote": "The Secretary of State shall revoke the driving privilege of any person convicted of a violation of this Section."
},
{
"summary": "An insurer may cancel a policy that has been in force more than 60 days if a driver has a crash record that might endanger public safety. Failing to fully disclose crashes from the past 36 months on the application is also a ground.",
"citation": "215 ILCS 5/143.19(d), (f)(3)",
"url": "https://www.ilga.gov/Documents/legislation/ilcs/documents/021500050K143.19.htm",
"quote": "The named insured failed to disclose fully his motor vehicle crashes and moving traffic violations for the preceding 36 months if called for in the application;"
}
]
},
"NY": {
"name": "New York",
"slug": "new-york",
"verifiedOn": "2026-10-19",
"badge": "No surcharge at $2,000 or less",
"metaSummary": "no surcharge for a crash with $2,000 or less in damage, about 3 years of surcharge, accident forgiveness by insurer, the MV-104 report within 10 days, and reporting vs. filing a claim.",
"answers": {
"record": "New York sets no fixed limit on your rate; approved insurer plans generally use about 3 years. Your DMV record shows a crash for the rest of that year plus 3 more, whoever caused it. Claims reports keep it up to 7 years.",
"forgivenessLaw": "New York law doesn't require it.",
"increaseTail": "New York bars a surcharge for a crash with $2,000 or less in property damage and no injuries."
},
"shieldIntro": "New York law limits when, and how much, an accident can raise your rate:",
"hub": {
"rateLimit": "No limit in law (about 3 years)",
"shield": "$2,000 or less, or listed not-at-fault cases",
"police": "Injury or death: right away",
"dmv": "MV-104 within 10 days if injury or over $1,000",
"record": "Rest of the year + 3 years"
},
"deciding": [
"File the MV-104 with the DMV within 10 days if anyone was hurt or any one person's property damage topped $1,000. It's a DMV duty, separate from your insurer, and skipping it can suspend your license.",
"$2,000 or less in damage and nobody hurt? Your insurer can't surcharge you for it, unless it's a second property-damage accident in the plan's period. A small claim costs you less here than in most states.",
"Check your bill. If your premium includes an accident surcharge, the insurer must show the dollar amount and the date of each accident it charged you for. Ask for a refund if an exception applies, like being lawfully parked or rear-ended.",
"Got money back from the other driver? If you or your insurer recovered at least a third of the property damage from them, you can't be surcharged for that accident.",
"The other driver at fault? Claim against their insurer, and check whether your car lost resale value."
],
"facts": {
"policeReport": {
"status": "verified",
"summary": "If anyone is hurt or killed, you must give your information to a police officer, or if none is there, report to the nearest police station as soon as you physically can. If you damage a parked car or property and the owner isn't there, you must report it to the police.",
"trigger": "Personal injury or death; or property damage when the owner is not present",
"deadline": "As soon as physically able (DMV says 'immediately' for injury/death)",
"citation": "N.Y. Veh. & Traf. Law § 600(2)(a)",
"url": "https://www.nysenate.gov/legislation/laws/VAT/600",
"quote": "then, he or she shall report said incident as soon as physically able to the nearest police station or judicial officer",
"note": "§ 600 current revision dated 2022-11-04. For property-only crashes where the other party is present, the duty is to stop and exchange license, insurance and other information (no police call required by statute).",
"alsoCitations": [
{
"citation": "N.Y. Veh. & Traf. Law § 600(1)(a)",
"url": "https://www.nysenate.gov/legislation/laws/VAT/600",
"quote": "then he or she shall report the same as soon as physically able to the nearest police station, or judicial officer"
},
{
"citation": "NY DMV, File a Motorist Crash (Accident) Report",
"url": "https://dmv.ny.gov/records/file-a-motorist-crash-accident-report",
"quote": "If a person is injured or killed, you are legally required to immediately notify the police."
}
],
"verifiedOn": "2026-10-19"
},
"dmvReport": {
"status": "verified",
"summary": "You must send a written crash report (form MV-104) to the DMV within 10 days if anyone was hurt or killed, or if any one person's property damage was over $1,000. If you don't, the DMV can suspend your license until you file.",
"trigger": "Injury, death, or damage to the property of any one person (including yourself) over $1,000",
"threshold": 1000,
"deadline": "Within 10 days",
"agency": "New York State Department of Motor Vehicles (Commissioner of Motor Vehicles), form MV-104",
"suspension": "Failure to report is a misdemeanor and a ground for license/registration suspension or revocation; the commissioner may temporarily suspend until the report is filed (§ 605(a)(2)).",
"citation": "N.Y. Veh. & Traf. Law § 605(a)(1)",
"url": "https://www.nysenate.gov/legislation/laws/VAT/605",
"quote": "any one person, including himself, in excess of one thousand dollars is sustained, shall within ten days after such accident, report the matter in writing to the commissioner",
"note": "Most recent revision shown on nysenate.gov is dated 2025-07-18; threshold remains $1,000. No exception when police wrote a report (only on-duty police/correction/fire vehicle operators where the owner filed). Note Ins. Law 2335(a) says its $2,000 surcharge threshold does not change this $1,000 reporting threshold.",
"alsoCitations": [
{
"citation": "N.Y. Veh. & Traf. Law § 605(a)(2)",
"url": "https://www.nysenate.gov/legislation/laws/VAT/605",
"quote": "shall be a misdemeanor and shall constitute a ground for suspension or revocation of the operator's (or chauffeur's) license"
},
{
"citation": "NY DMV, File a Motorist Crash (Accident) Report",
"url": "https://dmv.ny.gov/records/file-a-motorist-crash-accident-report",
"quote": "If you do not file a crash report, DMV may suspend your driving privilege until the report is on file."
}
],
"verifiedOn": "2026-10-19"
},
"drivingRecordRetention": {
"status": "verified",
"summary": "Crashes show on the standard New York driving record until the end of the year they happened, plus 3 more years. Every driver in the crash gets it on their record, and it does not mean you were at fault.",
"years": 3,
"citation": "NY DMV, Get My Own Driving Record (Abstract)",
"url": "https://dmv.ny.gov/records/get-my-own-driving-record-abstract",
"quote": "Accidents and most traffic convictions are only displayed until the end of the year in which the accident or conviction occurred, plus 3 additional years.",
"note": "So the actual span is 3 years plus the rest of the crash year (up to almost 4 years). The 'Lifetime' abstract shows everything DMV still has, regardless of retention rules.",
"alsoCitations": [
{
"citation": "NY DMV, Get My Own Driving Record (Abstract)",
"url": "https://dmv.ny.gov/records/get-my-own-driving-record-abstract",
"quote": "An accident that appears on a driving record does not assign the fault to that driver. The DMV does not determine the fault of an accident."
}
],
"verifiedOn": "2026-10-19"
},
"rateDurationRule": {
"status": "verified",
"value": "none_found",
"summary": "New York law does not set a fixed number of years an accident can raise your rate. Each insurer's merit rating plan sets its own 'experience period' and surcharge length, which must be filed with and approved by the state and explained to you. The state says this is generally about 3 years.",
"citation": "11 NYCRR § 169.1(a), (l)",
"url": "https://www.law.cornell.edu/regulations/new-york/11-NYCRR-169.1",
"quote": "if an insured has two or more accidents involving any property damage during the experience period, a surcharge may be imposed.",
"note": "Neither Ins. Law 2334/2335 nor 11 NYCRR Part 169 (or Part 154 multi-tier rules) fixes the length of the experience period for accidents; DFS Circular Letter 15 (2010) calls it the insurer's 'filed and approved merit rating experience period'. Ins. Law 2335(b)'s 36-month window applies to traffic convictions, not accidents. 169.1(l) requires the plan description given to insureds to state the duration of the surcharge. The DFS consumer FAQ (official, non-binding) says 'generally within approximately 3 years'.",
"alsoCitations": [
{
"citation": "11 NYCRR § 169.1(l)",
"url": "https://www.law.cornell.edu/regulations/new-york/11-NYCRR-169.1",
"quote": "the surcharge level associated with this classification, the duration of the surcharge, the circumstances under which surcharges will be removed"
},
{
"citation": "NY DFS consumer FAQ",
"url": "https://www.dfs.ny.gov/faqs/consumer-auto/can-my-insurance-company-raise-my-premium-due-accident-or-traffic-ticket",
"quote": "a surcharge may apply if you have two or more accidents or minor convictions within a certain period of time (generally within approximately 3 years)"
}
],
"verifiedOn": "2026-10-19"
},
"unpaidClaimRule": {
"status": "verified",
"value": "rule",
"summary": "You can't be surcharged for a crash if you or your insurer got back at least one-third of your property damage claim from the other side. If your insurer set aside money for a claim but no claim was filed within 3 years, it must refund the surcharge. And a single crash with $2,000 or less in property damage and no injury can't raise your rate.",
"citation": "11 NYCRR § 169.1(g)",
"url": "https://www.law.cornell.edu/regulations/new-york/11-NYCRR-169.1",
"quote": "may not be surcharged for an incident for which that insured or the insurer has received reimbursement or a judgment, equal to one third or more",
"note": "No NY rule found that bars surcharges simply because an accident was reported but no claim was paid; the surcharge depends on fault, injury, and the $2,000 damage threshold (Ins. Law 2335(a), already verified), not on claim payment. DFS says the dollar amount paid does not affect the surcharge. The nysenate.gov page for § 2335 still showed 'NB Expires July 1, 2026' when fetched; per the already-verified finding it was extended to 2029 by L.2026 ch.150 (site annotation appears not yet updated).",
"alsoCitations": [
{
"citation": "11 NYCRR § 169.1(h)(1)(iv)",
"url": "https://www.law.cornell.edu/regulations/new-york/11-NYCRR-169.1",
"quote": "the insurer has established a reserve, but no claim was submitted for a period of three years after the date of the incident"
},
{
"citation": "N.Y. Ins. Law § 2335(a)",
"url": "https://www.nysenate.gov/legislation/laws/ISC/2335",
"quote": "has had an accident that does not result in aggregate damage to property in excess of two thousand dollars"
},
{
"citation": "NY DFS consumer FAQ",
"url": "https://www.dfs.ny.gov/faqs/consumer-auto/can-my-insurance-company-raise-my-premium-due-accident-or-traffic-ticket",
"quote": "The total dollar amount paid as the result of a claim does not affect the surcharge."
}
],
"verifiedOn": "2026-10-19"
},
"forgivenessRegulation": {
"status": "verified",
"value": "rule",
"summary": "If your premium includes an accident surcharge, your insurer must tell you clearly, show the dollar amount, and list the date of each chargeable accident. It must also refund surcharges applied by mistake or for accidents that fall under an exception. Losing an 'accident-free' discount counts as a rate increase under the $2,000 rule.",
"citation": "11 NYCRR § 169.1(j)-(k)",
"url": "https://www.law.cornell.edu/regulations/new-york/11-NYCRR-169.1",
"quote": "the insurer shall state prominently, either on the premium bill, on a notice accompanying the premium bill, or on the declarations page, the total dollar amount of such surcharge.",
"note": "169.1(i) requires a prominent surcharge notice; 169.1(k) requires the date of each chargeable accident; 169.1(h) requires refunds (exception later established, conviction reversed, error, reserve with no claim in 3 years); 169.1(l) requires a plain description of the merit rating plan; Ins. Law 2334 requires merit rating plans to meet DFS standards. No NY rule specifically about 'accident forgiveness' programs was found, but DFS Circular Letter 15 (2010) says § 2335's bar covers loss of accident-free discounts.",
"alsoCitations": [
{
"citation": "11 NYCRR § 169.1(k)",
"url": "https://www.law.cornell.edu/regulations/new-york/11-NYCRR-169.1",
"quote": "the date on which each chargeable accident occurred"
},
{
"citation": "NY DFS Insurance Circular Letter No. 15 (2010)",
"url": "https://www.dfs.ny.gov/industry_guidance/circular_letters/cl2010_15",
"quote": "but also to the loss, or a reduction in the amount, of “accident free” or “careful driver” discounts"
}
],
"verifiedOn": "2026-10-19"
}
},
"otherFindings": [
{
"summary": "Hit-and-run: no surcharge if your car was hit by a hit-and-run driver and you reported it to the proper authority within 24 hours.",
"citation": "11 NYCRR § 169.1(d)(1)(iii)",
"url": "https://www.law.cornell.edu/regulations/new-york/11-NYCRR-169.1",
"quote": "if the accident is reported to the proper authority within 24 hours by the insured or resident operator"
},
{
"summary": "No surcharge when lawfully parked, or rear-ended without a moving-violation conviction.",
"citation": "11 NYCRR § 169.1(d)(1)(i)-(ii)",
"url": "https://www.law.cornell.edu/regulations/new-york/11-NYCRR-169.1",
"quote": "No points or surcharge may be imposed for an accident occurring under the following circumstances: (i) when the motor vehicle was lawfully parked"
},
{
"summary": "Three or more reportable crashes in 18 months can trigger a DMV re-evaluation interview and possible tests.",
"citation": "NY DMV Crash Re-Evaluation Program",
"url": "https://dmv.ny.gov/records/file-a-motorist-crash-accident-report",
"quote": "identifies drivers who have been in three or more reportable crashes within an 18-month period."
}
]
}
},
"national": {
"verifiedOn": "2026-10-19",
"facts": {
"clueRetention": {
"status": "verified",
"summary": "LexisNexis says its C.L.U.E. Auto exchange contains up to seven years of personal auto claims information.",
"years": 7,
"citation": "LexisNexis Risk Solutions, C.L.U.E. Auto product page",
"url": "https://risk.lexisnexis.com/products/clue-auto",
"quote": "Our Comprehensive Loss Underwriting Exchange (C.L.U.E.®) is a claim history information exchange containing up to seven years of personal automobile claims information.",
"note": "This is LexisNexis's own product page on risk.lexisnexis.com, not the consumer subdomain. I fetched consumer.risk.lexisnexis.com (/, /consumer, /factact, /request, /rights, /help, /sitemap), and none of those pages names C.L.U.E. or a retention period. The wording is 'up to' seven years, so do not present it as a guaranteed seven years.",
"short": "keeps up to seven years of auto claims",
"verifiedOn": "2026-10-19"
},
"fcraSevenYears": {
"status": "verified",
"summary": "Under FCRA, a consumer report may not include most adverse items, other than criminal convictions, that are more than seven years older than the report. The (b) exemptions cover credit of $150,000 or more, life insurance of $150,000 or more, and jobs paying $75,000 or more. Auto insurance is not exempted.",
"years": 7,
"citation": "15 U.S.C. § 1681c(a)(5)",
"url": "https://www.law.cornell.edu/uscode/text/15/1681c",
"quote": "Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.",
"note": "The lead-in to (a) says no consumer reporting agency may make a report containing the listed items. LexisNexis's own data-use page (https://risk.lexisnexis.com/insurance/datause) restates this: 'Adverse information that is more than seven years old be excluded from a consumer report, except in certain circumstances.'",
"verifiedOn": "2026-10-19"
},
"freeClueReport": {
"status": "verified",
"summary": "Nationwide specialty consumer reporting agencies, which by statute include those keeping insurance-claims files (§ 1681a(x)(5)), must give you your file disclosure free once every 12 months on request. LexisNexis takes FACT Act disclosure requests online (consumer.risk.lexisnexis.com/request), by phone at 1-866-312-8076, or by mail to LexisNexis Risk Solutions Consumer Center, P.O. Box 105295, Atlanta, GA 30348-5295.",
"citation": "15 U.S.C. § 1681j(a)(1)(A)",
"url": "https://www.law.cornell.edu/uscode/text/15/1681j",
"quote": "shall make all disclosures pursuant to section 1681g of this title once during any 12-month period upon request of the consumer and without charge to the consumer.",
"note": "Second source: https://consumer.risk.lexisnexis.com/factact says 'The FACT Act entitles you to obtain one free copy of your applicable consumer report from certain consumer reporting agencies during a 12-month period.' That page also says LexisNexis 'maintains information on insurance claims histories' and gives the phone number and mailing address above. The insurance-claims category is defined in 15 U.S.C. § 1681a(x)(5), which I read at law.cornell.edu/uscode/text/15/1681a. Texas TDI (https://www.tdi.texas.gov/tips/will-my-premium-go-up-claim.html, updated 2/26/2026) confirms: 'You can get a free copy of your report each year by calling 866-312-8076.' The 2022 NAIC consumer guide still sends readers to choicetrust.com, which is outdated, so do not use that link.",
"alsoCitations": [
{
"citation": "LexisNexis Risk Solutions, FACT Act consumer page",
"url": "https://consumer.risk.lexisnexis.com/factact",
"quote": "The FACT Act entitles you to obtain one free copy of your applicable consumer report from certain consumer reporting agencies during a 12-month period."
}
],
"verifiedOn": "2026-10-19"
},
"disputeClue": {
"status": "verified",
"summary": "If you dispute the completeness or accuracy of an item in your file, the agency must reinvestigate free of charge, usually within 30 days. Within the 30 days it must record the item's current status or delete it. The period can be extended by up to 15 days in some cases.",
"citation": "15 U.S.C. § 1681i(a)(1)(A)",
"url": "https://www.law.cornell.edu/uscode/text/15/1681i",
"quote": "the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate",
"note": "The 30-day deadline in the same subparagraph reads: 'before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute.' The 15-day extension is in § 1681i(a)(1)(B).",
"verifiedOn": "2026-10-19"
},
"adverseActionNotice": {
"status": "verified",
"summary": "If anyone takes an adverse action based in whole or in part on a consumer report, it must notify you. It must also name the reporting agency and tell you about your rights to a free copy within 60 days and to dispute. For insurance, 'adverse action' includes an increase in any charge for insurance.",
"citation": "15 U.S.C. § 1681m(a); definition at 15 U.S.C. § 1681a(k)(1)(B)(i)",
"url": "https://www.law.cornell.edu/uscode/text/15/1681m",
"quote": "If any person takes any adverse action with respect to any consumer that is based in whole or in part on any information contained in a consumer report",
"note": "The quote continues: 'the person shall— (1) provide oral, written, or electronic notice of the adverse action to the consumer.' The definition at https://www.law.cornell.edu/uscode/text/15/1681a reads: 'a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance.'",
"verifiedOn": "2026-10-19"
},
"naicAccidentForgiveness": {
"status": "verified",
"summary": "NAIC: accident forgiveness means the insurer agrees not to raise your premium after an at-fault accident. It usually costs extra, either as a higher premium or a paid endorsement, and some policies forgive one accident while others forgive several. Massachusetts DOI: the accident is not erased, and a new insurer may count it.",
"citation": "NAIC Consumer Insight (Dec. 2, 2009)",
"url": "https://content.naic.org/article/consumer-insight-time-get-smart-about-accident-forgiveness-hitting-road-holidays",
"quote": "Accident forgiveness means that an insurer agrees not to increase a customer’s premium after the driver is involved in an at-fault accident.",
"note": "Cost (same NAIC page): 'More often, accident forgiveness is offered as an additional endorsement – or coverage option – for a fee.' Eligibility (same page): 'some policies offer forgiveness for one accident while others forgive multiple accidents'. No regulator page I found says it 'typically covers the first accident,' so phrase it as one accident vs. multiple, varying by policy. Transfer: https://www.mass.gov/info-details/accident-forgiveness says 'If you move to another insurance company, that new insurer may factor that \"forgiven\" accident into the calculation of your premium.' The NAIC article is dated 2009 (page metadata shows modified 2024). Delaware DOI has a near-identical copy at https://insurance.delaware.gov/divisions/consumerhp/default-2/alerts_holidaymishaps/. I did not verify the claim, seen only on comparison sites, that some states ban accident forgiveness.",
"alsoCitations": [
{
"citation": "NAIC Consumer Insight (Dec. 2, 2009)",
"url": "https://content.naic.org/article/consumer-insight-time-get-smart-about-accident-forgiveness-hitting-road-holidays",
"quote": "More often, accident forgiveness is offered as an additional endorsement – or coverage option – for a fee."
},
{
"citation": "Massachusetts Division of Insurance, Accident Forgiveness",
"url": "https://www.mass.gov/info-details/accident-forgiveness",
"quote": "If you move to another insurance company, that new insurer may factor that \"forgiven\" accident into the calculation of your premium."
}
],
"verifiedOn": "2026-10-19"
},
"naicReportVsClaim": {
"status": "verified",
"summary": "State regulators say to report an accident to your insurer promptly, and that most policies require prompt notice. New York DFS treats 'Reporting an Accident' as its own step, separate from filing a claim. I found no regulator page that says in so many words that reporting is different from filing a claim.",
"citation": "New York Department of Financial Services, Filing Claims Under Your Own Policy",
"url": "https://www.dfs.ny.gov/consumers/auto_insurance/filing_claims_under_your_own_policy",
"quote": "If you are involved in an auto accident, you should promptly report it to your insurance company, as well as to the local police department.",
"note": "Same NY page: 'read your policy to determine exactly what reporting requirements are included.' Oregon DFR (https://dfr.oregon.gov/insure/auto/accident/pages/index.aspx): 'Contact your insurance company as soon as possible. Most policies require prompt notification of a claim.' California DOI (https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/hadaccident.cfm): 'Notify your agent and/or your insurance company immediately.' On whether calling counts as a claim, Texas TDI (https://www.tdi.texas.gov/tips/will-my-premium-go-up-claim.html) says insurers can't charge you more for 'Calling your company or agent to ask questions about your policy or the claims filing process.' That rule applies only in Texas. NAIC pages I checked (auto claim filing, 'Don't Be a Crash Dummy', the auto FAQ) only say to start the claim as soon as possible. Search results also turned up law-firm pages, which I excluded.",
"verifiedOn": "2026-10-19"
},
"naicHowLongRates": {
"status": "verified",
"summary": "NAIC's 2022 consumer guide says insurers price your premium partly on your driving record, and the records of others on the policy, over the last three to five years.",
"years": "3-5",
"citation": "NAIC, A Consumer's Guide to Auto Insurance (2022), p. 3, 'How Insurers Determine Your Premium'",
"url": "https://content.naic.org/sites/default/files/publication-aut-pp-consumer-auto.pdf",
"quote": "Your driving record, and the driving records of others covered by your insurance policy, during the last three to five years.",
"note": "This is a bullet under 'These items will likely affect your premium.' content.naic.org blocks curl, so I read the PDF text by fetching it in a browser and extracting it with pdf.js. The NAIC accident-forgiveness article (2009) says 'After an accident, insurers can raise your premiums by as much as 40 percent.' That figure is old, so use it with care. NAIC auto FAQ (https://content.naic.org/consumer/auto-insurance.htm): 'Premium increases are always more likely when an accident is your fault.'",
"verifiedOn": "2026-10-19"
},
"aPlus": {
"status": "verified",
"summary": "Verisk's consumer request form for an A-PLUS personal auto report says the report covers up to five years before the search date. Verisk's business product page instead says full A-PLUS reports offer 'up to 7 years', without saying whether that means auto or property.",
"years": 5,
"citation": "Verisk A-PLUS Consumer Inquiry Center, Personal Auto Request for Disclosure form",
"url": "https://fcra.verisk.com/app/assets/pdfs/auto-disclosure-form.pdf",
"quote": "The report will include information for a period of up to five (5) years before the date of the search.",
"note": "Consumer contact from fcra.verisk.com and the form: A-PLUS Consumer Inquiry Center, P.O. Box 5404, Mt. Laurel, NJ 08054-5404; tel. 800-709-8842; fax 800-955-2422; FCRA-NPC@verisk.com. The same form says you can dispute and Verisk must reinvestigate. Conflict: https://www.verisk.com/products/a-plus-personal-lines-loss-history-solutions/ says 'Full reports : Access up to 7 years of data on losses and claim types.' For auto, rely on the 5-year consumer form, or say 'up to 5 years (auto), per Verisk's consumer disclosure form.' A search summary mentioned an 800-627-3487 request line, but I did not see it on a page I fetched, so I left it out.",
"verifiedOn": "2026-10-19"
}
}
},
"guides": {
"forgiveness": {
"verifiedOn": "2026-10-19",
"catches": [
"It often costs extra. The NAIC, the national group of state insurance regulators, says it is more often sold as an add-on for a fee. GEICO lets you earn it after 5 accident-free years or buy it; Liberty Mutual's needs 5 accident-free years; Farmers sells it as a paid option.",
"It covers a limited number of accidents. Some policies forgive one accident, others several. Farmers forgives one accident every 3 years, and GEICO forgives the first qualifying accident on the policy.",
"It doesn't move with you. Massachusetts' insurance regulator warns that a new insurer may count a \"forgiven\" accident when it sets your price.",
"The claim still shows. Forgiveness skips the rate increase. The claim still goes on your claims history report, which other insurers can see for up to seven years.",
"It isn't sold everywhere. In the states we cover, GEICO, Farmers and Liberty Mutual don't sell it in California, and Farmers doesn't in New York."
],
"stateLaw": "None of the eight states we've checked requires insurers to offer accident forgiveness or sets rules for it. What some states do is limit accident rate increases for everyone, with or without forgiveness: New York bars a surcharge for a crash with $2,000 or less in damage, Pennsylvania bars one unless the insurer paid more than $2,350 beyond the deductible, Florida caps a surcharge at 36 months, and several states bar a surcharge in some cases where you weren't at fault.",
"worthIt": "Compare its yearly price with what one accident would add. The national average rise after an at-fault accident is about 49% a year for at least three years. On a $2,000 premium, that's about $2,940 over three years. If your insurer already forgives small claims (Progressive says a claim of $500 or less won't raise your rate), the paid version mostly protects you from a bigger accident.",
"deciding": [
"Before you file, ask your insurer three things: do I have accident forgiveness, has it been used, and does this accident qualify?",
"If forgiveness applies, filing costs you the deductible and uses up the forgiveness. Paying cash for a small repair can save it for a bigger one.",
"If it doesn't, compare the repair bill minus your deductible with about three years of higher premiums.",
"Switching insurers? The forgiveness stays behind, and the claim shows on your claims report."
]
},
"record": {
"verifiedOn": "2026-10-19",
"lede": "Three different records track an accident, each on its own clock: your insurance rate (usually 3 years, sometimes 5), your claims history report (up to 7 years), and your state driving record (it depends on the state). Here is each one, and what it means for whether to file.",
"clueWhy": "When you shop for a new policy, the new insurer pulls your claims history report. A claim stays visible there after your current insurer has stopped charging for it. Federal law, the Fair Credit Reporting Act, keeps most negative items off these reports after seven years.",
"clueRights": [
"A free copy every year. You can get your LexisNexis report free once every 12 months, online or by calling 1-866-312-8076.",
"Fix mistakes. If something is wrong, dispute it. The agency must look into it for free, usually within 30 days.",
"Notice when it costs you. If an insurer raises your rate because of something in a report like this, it must tell you and name the agency."
],
"deciding": [
"Small repair you caused? A claim can cost you about 3 years in price and up to 7 years on your claims report. Get a repair quote before you file.",
"Already filed? Note the date. Ask your insurer when the surcharge drops off, and check your rate at that renewal.",
"Shopping around? Pull your free claims report first so you know what new insurers will see."
]
}
}
}