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NYAIP Assigned Risk Car Insurance Resources

ARAIP-PAIP-CAIP-AIP Assigned Risk or High Risk automobile residual insurance markets consists of licensed drivers unable to purchase automobile insurance through the Voluntary Market due to a variety of factors, such as their driving history, accident history or status as a first-time driver. The Assigned Risk or High Risk Automobile Insurance Plans such as the NYAIP often charges the highest rates possible, and is a last resort for licensed drivers that cannot obtain car insurance coverage elsewhere in the preferred or voluntary automobile insurance marketplace. To combat soaring insurance prices experts recommend educating yourself and then obtain New York Car Insurance quotes from at least two sources.

Here at Assigned Risk Insurance, we are committed to helping you find New York business, health, home, auto and life insurance that fits your needs and your budget. We have also partnered with Local NY state licensed insurance agents to put you in the driver’s seat, as much as possible allowing you to compare free quotes and buy the most affordable.

NY Car Insurance Shopping Made Easy By entering your information, you are instantly matched with the most competitive companies in the business. And, once matched, you will receive up to five free quotes for fast and easy comparison! We Pledge Our Protection At Assigned Risk Auto we take pride in protecting your personal information. That’s why we use the highest security measures available to safeguard it.
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NY High Risk Car Insurance
An informational guide on NY assigned risk and preferred risk New York Car insurance.

Consumers can obtain the following auto insurance coverages through the NYAIP Auto Plan:

the minimum limits required by law for bodily injury and property damage liability, basic No-Fault, and uninsured motorists insurance;
optional higher limits up to $250,000/$500,000 in bodily injury liability and up to $100,000 in property damage liability;
OBEL limits of $25,000 and Additional PIP limits of $50,000, resulting in higher aggregate No-Fault limits up to $125,000 on an optional basis;
optional SUM coverage up to $250,000/$500,000;
optional supplemental spousal liability coverage included within the bodily injury limits purchased;
optional physical damage coverages (collision and comprehensive) up to the amount of $50,000, with several deductible options; and
mandatory rental car coverage.

What happens if I have an accident with an uninsured or underinsured driver?
First, call the police to the scene to be sure all pertinent information is properly recorded. Your nerves will be shaken right after an accident, and it helps to have a calm and knowledgeable person walking you through the necessary details.
Then, contact your agent or policy holder services or claims number usually on you ID Card immediately and ask about filing a claim. If you followed all the recommended guidelines and procedures when you bought your policy, you should be covered within the benefits and or limitations of that policy. Remember, your car insurance policy is designed to protect you and anyone in your vehicle.

If the cost of your physical damages or personal injuries exceed the amount your policy will pay for, it may be time to take legal action against the other party. Even if you have no-fault insurance, sometimes the only way to be compensated is to place blame and responsibility where it belongs. That is why it is best to get a police report documenting the incident and any witnesses statement while it is fresh in their minds. This will preserve that moment in time and remove any room for doubt later in the legal process.
It is better to have the police report and not really need it , than it is to need one for court and not have one because it would have taken another thirty minutes to an hour extra at the incident scene.

Why would my NY Car insurer cancel my policy?
Technically, in most states your insurer can cancel your policy only if:
you fail to pay your premium;
you lose your driver’s license;
you are guilty of material misrepresentation during the application process i.e., you fail to notify your insurer of a recorded violation, such as a drunken driving, or possession of drugs or any illegal activity offense; or
you fail to report a substantial change of risk, such as buying a new high performance sports car to replace an old high mileage family sedan. Source

However, your NY car insurer can choose not to renew your policy for a variety of reasons.
Do you have a bad driving record? Have you received a lot of speeding tickets? Have you ever been caught driving drunk? Not only are these scenarios considered unsafe and illegal, they are justifiable cause for your insurer to label you a bad risk and refuse to renew your policy. Some underwriters may feel compelled to cancel policies after only one accident.
Where do you live? Has the neighborhood changed in the last few years? Have the accident or crime rates risen noticeably? As regions are reassessed periodically, their status could change and you could suddenly find yourself living in a higher risk area, where your insurer’s rates may not be adequate to cover losses.

The Motor Vehicle Accident Indemnification Corporation (MVAIC) was established to pay bodily injury damages and no fault benefits to “qualified” victims of motor vehicle accidents caused by uninsured motorists.
Since January 1,1957, owners of automobiles registered in New York State have been required to furnish proof of financial responsibility (usually liability insurance) in order to register their vehicles.
In order to provide compensation for innocent victims of certain types of accidents caused by uninsured or otherwise financially irresponsible motorists, the New York State legislature passed the MVAIC Law. Examples of such accidents are those caused by:
1) Uninsured out-of-state motor vehicles.
2) Unidentified hit and run drivers.
3) Uninsured New York motor vehicles.
4) Stolen motor vehicles.
5) Motor vehicles operated without the consent of the owner.
6) Insured motor vehicles. where the insurance is inapplicable to the accident.
7) Unregistered motor vehicles.

In order to be eligible to submit a claim to MVAIC a claimant must be a QUALIFIED PERSON as that term is described hereafter. Article 52 of the Insurance Law provides that persons with other available insurance no longer seek redress from or submit claims to MVAIC. Instead, such claimants give notice to the insurance company insuring the automobile which the person occupied, or if the vehicle the person occupied is uninsured, or if the person is a pedestrian, to such person’s insurance company or the insurer of a resident relative of such person.

A QUALIFIED PERSON is a resident of New York State or a resident of another state or country having a substantially similar program available to New York State residents injured in that state or country. A QUALIFIED PERSON is someone other than (1) an insured, or (2) the owner of an uninsured motor vehicle and his/her spouse when a passenger in such vehicle. An example of a QUALIFIED PERSON is a pedestrian residing in New York State who does not own a motor vehicle and does not qualify as an insured person under any automobile liability insurance policy, who is struck by an uninsured motor vehicle in New York State.

Automobile Liability Insurance Policies generally contain language which defines an insured as follows:
Insured. The unqualified word “insured’ means:
1) The named insured and, while residents of the same household, his/her spouse and the relatives of either;
2) Any other person while occupying
(i) a motor vehicle owned by the named insured or, if the named insured is an individual, such spouse, and used by or with the permission of either, or
(ii) any other motor vehicle while being operated by the named insured or such spouse, except a person occupying a motor vehicle not registered in the State of New York, while used as a public or livery conveyance; and
3) Any person, with respect to damages he/she is entitled to recover because of bodily injury to which this endorsement applies sustained by an insured under (1) or (2) above.

MVAIC does not provide benefits for any of the following:
1) Property damage.
2) Injuries or death of an uninsured motorist or his/her spouse, when a passenger in an uninsured motor vehicle owned by his or her spouse.
3) Injuries or death of a person driving, in violation of a revocation or suspension of said person’s driving privileges.
4) Claims against persons not liable under law. For example, between husband and wife.
5) Accidents caused by vehicles owned by the United States of America, Canada, a state, a political sub division of any such government or agency of any of the foregoing.
6) Accidents occurring outside of New York State.
7) Hit and run claims which did not involve physical contact by a hit and run motor vehicle.
8) Hit and run claims which were not reported to the Police, Justice of the Peace, a judge, or the Motor Vehicle Commissioner within 24 hours or as soon as reasonably possible.
9) Operators or passengers on motorcycles are not covered by PIP.
10) “Non serious injures.” For the purposes of claims of “non-economic” loss (i.e., tort damages) only “serious injuries” as defined by the No-Fault Law, which includes death, significant disfigurement, fractures, and permanent and long term physical injuries
1) Notify the Motor Vehicle Accident Indemnification Corporation, located at 110 William Street, New York, New York 10038 of your intention to make a claim and file an affidavit (sworn statement) setting forth information including the names of the operator and owner of the uninsured motor vehicle, if known, and the facts in support of your claim. Suitable affidavit forms may be obtained on request from MVAIC, or in stores selling legal forms.

If a claim is based on an accident involving a “hit and run” vehicle in which the identity of the owner and/or operator is unascertainable then the affidavit of claim must be filed within 90 days of the accident date. However, when the owner or operator of the vehicle is identifiable, effective July 22, 1989, this affidavit must be filed within 180 days of the accident date. If the claim was originally against an insured person whose insurance carrier denied the claim, then the affidavit must also be filed within 180 days after the receipt of the disclaimer or denial, provided that due diligence has been exercised to determine whether or not such insurance coverage existed.

Failure to file the affidavit within the appropriate time may cause your claim to be denied unless you can prove to MVAIC or a Court that filing was prevented by mental or physical disability, infancy, or death of the injured person and/or that the affidavit was filed as soon as reasonably possible.
2) Report the accident to the police, justice of the peace, a judge, or the Motor Vehicle Commissioner within twenty-four (24) hours after the accident if the claim is against a hit and run driver. Failure to make such report may result in your claim being denied unless you can prove it was not reasonably possible to make such report and it was made as soon as reasonably possible.
3) Cooperate with MVAIC in handling your claim. MVAIC may ask you to supply further particulars of the accident, names or witnesses, the nature of the injuries, medical expenses, etc. This may be done by means of forms submitted to you by MVAIC or by an adjuster assigned to investigate and, in a proper case, negotiate a settlement.

Knowingly filing with MVAIC any necessary notice, statement or document which is false or untrue, or which contains material misstatements, is a misdemeanor. Upon conviction thereof, the guilty person may be fined or imprisoned.

Other than for No-Fault claims, the mere fact that an individual has sustained injury or death in a motor vehicle accident does not necessarily entitle said person or said person’s representative to payment. It must be established that the injury or death resulted from the negligence of the party causing the accident and that the eligible injured party or deceased comes within the provisions of the “Comparative Negligence” doctrine. This doctrine apportions the degree of negligence between parties to an accident for the purpose of establishing the extent of liability to pay damages by the party causing the accident predicated on his or her share of negligence.

Effective January 1,1996 for accidents occurring thereafter, the maximum recovery for injury to one person is $25,000 and the maximum recovery for injury to two or more persons as the result of one accident is $50,000. In case of death the applicable coverage is $50,000/100,000.
The amount that MVAIC is liable to pay is reduced by:
1) Payments by or on behalf of financially irresponsible motorists.
2) Payments by or on behalf of any other person, or entity, jointly or severally liable for the accident.
3) Payments under any coverage similar to that pro vided by MVAIC.

Any claimant may make his claim in the first instance, either against MVAIC or against the uninsured person causing the accident. If you proceed against the uninsured person, you should advise MVAIC and cooperate with it. This includes providing MVAIC with copies of any lawsuit commenced against the uninsured motorists and other persons or entities against whom liability and damages are sought. If you should either settle with the uninsured motorist, or recover a judgment against said person without the prior consent of MVAIC, you may have cut off your right to any further payment by MVAIC. You may have also cut off any possible claim against other persons responsible for the accident. If you proceed against the uninsured, however, be sure to timely file with MVAIC to protect your rights.

If you are paid by MVAIC, it becomes the owner of your claim against the uninsured motorists.
(PIP Benefits)
As of December 1, 1977, a law went into effect which required MVAIC to pay certain PIP benefits to a QUALIFIED PERSON irrespective of fault and whether or not such person’s acts contributed to the accident.
If you are injured as the result of a motor vehicle accident involving a financially irresponsible motorist, including hit-and-run; and you have complied with certain statutory requirements, MVAIC will pay you up to $50,000 for your reasonable and necessary hospital and doctor’s bills, certain related expenses (e.g., transportation to and from medical providers), as well as for loss of earnings up to certain prescribed amounts.

It is important to note that in the event a lawsuit is commenced against the financially irresponsible motorist, the fault, if any, of the “QUALIFIED PERSON” would be taken into consideration by the Court or a jury. However, in the case of No-Fault payments fault is not a consideration.

If a “Qualified Person” is killed as the result of any accident by a financially irresponsible motorist, a prescribed death benefit payment of $2,000 will also be paid by MVAIC in accordance with the No-Fault law.
A qualified pedestrian injured or killed by an uninsured motorcycle is covered for PIP benefits, etc.

MVAIC, a corporation created by the New York State legislature is not a part of the government and receives no tax money. MVAIC is composed of all the motor vehicle liability insurers doing business in New York State.

The money needed to fund MVAIC for claim payments and claim and administrative expense is derived from assessments levied upon its member companies in proportion to their respective premium writings. These assessments are passed on to purchasers of motor vehicle liability insurance as part of the premium.

(If you are not sure whether you are an “Insured” or a “Qualified Person” proceed as if you were a “Qualified Person” and advise MVAIC of any insurance coverage you believe may exist.)