N.H. Admin. Code § Ins 1406.12

Current through Register No. 50, December 12, 2024

Section Ins 1406.12 - Safe Driver Incentive Plan and SDIP Points for the New Hampshire Automobile Reinsurance Facility

(a) SDIP points for motor vehicle convictions shall be assigned per licensed operator in accordance with motor vehicle records during the experience period as follows:

(1) Convictions shall be assigned 4 points for the following offenses:

a. Homicide or assault arising out of the operation of a motor vehicle;

b. Failure to stop and report when involved in an accident; or

c. Driving a motor vehicle while under the influence of intoxicating liquor or narcotic drugs;

(2) Convictions shall be assigned 3 points for the following offenses:

a. Driving a motor vehicle in a careless or reckless manner;

b. Driving while a license is suspended or revoked;

c. Operating a motor vehicle without the owner's permission or consent;

d. Highway racing;

e. Driving to endanger; or

f. Text messaging and device usage while operating a motor vehicle; and

(3) Convictions for improper passing of a school bus shall be assigned 2 points.

(b) Conviction of any moving traffic violation other than those listed above shall result in the assignment of one point after the second conviction of such moving traffic violation and one point for each additional conviction.

(c) Convictions for the following shall be subject to assignment of one point but only upon the second conviction for the same offense within the 2 years immediately preceding the effective date of the policy period:

(1) Any violation of motor vehicle equipment requirements under RSA 266;

(2) Failure to display current license plates or registration stickers or diesel fuel permits;

(3) Failure to have a valid operator's license or registration certificate; or

(4) Non-inspection of a motor vehicle.

(d) SDIP points for chargeable accidents shall be assigned for chargeable accidents that occurred during the experience period involving the applicant or any other operator of the vehicle currently a resident of the same household as follows:

(1) For each automobile accident resulting in the following, one point shall be assigned:

a. Excess of $750 in bodily injury but less than $7,500 in bodily injury; or

b. Excess of $1,500 damage but less than $15,000 in damage to any property, including their own;

(2) For each automobile accident resulting in the following, 2 points shall be assigned:

a. Death of any person;

b. $7,500 or more bodily injury to any person; or

c. $15,000 or more in damage to any property including one's own;

(3) For each SDIP chargeable automobile accident in excess of 2 chargeable accidents occurring within the experience period, 3 points shall be assigned;

(4) No point(s) shall be assigned for an accident if the insured demonstrates that the accident occurred under the following circumstances:

a. The automobile was lawfully parked. An automobile rolling from a parked position shall be considered unlawfully parked under the operation of the last operator;

b. The applicant, other operator residing in the same household, or owner was reimbursed by, or on behalf of, a person responsible for the accident or has a judgment against such person;

c. The automobile of an applicant or other operator resident in the same household was struck in its rear by another vehicle, and the applicant or other resident operator has not been convicted of a moving traffic violation in connection with the accident;

d. The operator of the other automobile involved in such accident was convicted of a moving traffic violation, and the applicant or other resident in the same household was not convicted of a moving traffic violation in connection therewith;

e. The automobile operated by the applicant or other operator resident in the same household is damaged as a result of contact with a "hit and run" driver, and the applicant or other operator so reports the accident to the proper authority within 24 hours;

f. Accidents involving damage by contact with animals;

g. Accidents involving physical damage limited to and caused by flying gravel, missiles, or falling objects;

h. Accidents occurring as a result of the operation of an automobile in response to an emergency if the operator at the time of the accident was responding to a call to duty as a paid or volunteer member of any police or fire department, first aid squad, or of any law enforcement agency but not an accident occurring after the emergency situation ceases or after the private passenger automobile ceases to be used in response to such emergency;

i. An automobile accident involving only bodily injury or property damage to the applicant or any other operator of the automobile currently a resident in the same household, unless the said applicant or operator is convicted of a moving traffic violation in connection with the occurrence; or

j. Accidents occurring as a result of the operation of a vehicle by a municipal public works or highway department employee while on official duty but not an accident occurring once the municipal public works or highway department employee is no longer on official duty.

(5) If the principal operator of the automobile has no surcharge for an accident, but has been licensed less than 2 years, one point shall be assigned;

(6) Conviction points shall be assigned in addition to any points for accidents; and

(7) Accident surcharge points shall only be based on paid losses.

(e) Changes requiring adjustments of premium shall be computed pro-rata.

(f) Changes which occur during the term of the policy shall be calculated using the rates on the inception date of the policy period.

(g) Insurance companies shall not make premium changes to an automobile policy during the policy period in the reinsurance facility other than for the following reasons:

(1) Addition of a new or replacement vehicle;

(2) Addition or deletion of a driver;

(3) Change in garaged location;

(4) Change in coverage;

(5) Change in limits;

(6) Change in use of vehicle;

(7) The insured has attained a new age;

(8) Change in marital status of any listed driver;

(9) The addition of new coverage to a vehicle on the policy or for a replacement vehicle;

(10) Deletion of a vehicle; or

(11) Discovery of convictions or occurrences, which occurred during the current or first prior policy period, resulting in losses incurred or paid.

(h) If premium changes are made during the policy period to reflect changes pursuant to (g)(11) above, they shall be appropriately removed on the same basis during a subsequent policy period.

(i) Policies ceded to the facility shall not be eligible for safe driver discounts.

N.H. Admin. Code § Ins 1406.12

(See Revision Note #1 at chapter heading for Ins 1400)

Derived from Volume XLI Number 6, Filed February 11, 2021, Proposed by # 13162, Effective 1/25/2021, Expires 1/25/2031.

Amended by Number 6, Filed February 9, 2023, Proposed by #13534, Effective 1/24/2023, Expires 1/24/2033.