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Insurance Points in Case of an Auto Collision

In North Carolina, drivers who are convicted of moving traffic violations and/or cause accidents will be charged higher premiums in accordance with their driving records.  

Insurance points are charged as follows for convictions and at-fault accidents:

1 POINT

• Moving violations
• At-fault accident resulting in bodily injury (to all persons) of $1,800 or less; OR resulting in property damage (including damage to insured’s own property) of $1,800 or less
• Speeding 10 mph or less in excess of speed limit of less than 55 mph

2 POINTS

• Illegal passing
• Following too closely
• Driving on wrong side of the road
• At-fault accident resulting in total property damage (including damage to insured’s own property) in excess of $1,800 but less than $3,000
• Speeding more than 10 mph over the speed limit provided the total speed is in excess of 55 mph, but less than 76 mph
• Speeding 10 mph or less in excess of speed zone of 55 mph or greater

3 POINTS

• At-fault accident resulting in death, or total bodily injury* (to all persons) in excess of $1,800; OR resulting in total property damage (including damage to insured’s own property) of $3,000 or more

4 points

• Reckless driving
• Hit-and-run resulting in property damage only
• Passing a stopped school bus
• Speeding in excess of 75 mph when the speed limit is less than 70 mph
• Speeding in excess of 80 mph when the speed limit is 70 mph or greater
• Driving by a person less than age 21 after consuming alcohol or drugs

8 points

• Driving during revocation or suspension of license or registration
• Aggressive driving

10 points

• Highway racing or lending a car for highway racing
• Speeding to elude arrest

12 points

• Manslaughter or negligent homicide
• Prearranged highway racing or lending a car for prearranged highway racing
• Hit-and-run resulting in bodily injury or death
• Driving with a blood-alcohol level of .08 or more
• Driving commercial vehicle with a blood-alcohol level of .04 or more
• Driving while impaired
• Transporting illegal intoxicating liquor for sale

NORTH CAROLINA MOTORCYCLE SAFETY FACTS

• Motorcycles represent about 2 percent of all registered vehicles in NC, but account for about 10 percent of all fatalities on our roads;
• As of September 1st of 2007, 63 % of all crashes involving motorcycles were single vehicle crashes (motorcycle only);
• Of those crashes involving other vehicles, over half (53%) were the fault of the motorcyclist;
• Of those motorcyclist at fault crashes 81% occurred when the rider crossed the centerline either while passing another vehicle or while negotiating a curve; 
• Of those other vehicle at fault crashes 57% were failure to yield right of way at an intersection and 43% were turning left across the motorcycles path;
• The majority (82.7%) of motorcycle fatal crashes occurred because of the fault of the motorcyclist.

Accident .... but No Driver's License?

What happens when you are involved in an accident, it is not your fault, but you did not have a valid driver's license at the time?

 It is almost universally held that the mere failure to have a driver's license is not causally related to the occurrence of a collision and, in the absence of proof of insufficient skill or physical ability, it will not bar your recovery.  

In other words, even without a valid driver's license you will still be entitled to get compensation for your injuries and property damage, provided that you have not contributed to the collision.  

How Auto-Insurance Rates are Determined in NC

One of the most common questions we get from our clients after an auto accident: will my auto-insurance rate go up?

Let's look at how the rates are set in North Carolina.   Underwriting is the process by which an insurance company considers your application and evaluates your driving record and other factors to see if you meet its guidelines.  

Insurance companies use a variety of factors to determine each driver's level of risk.  

Each company will use its own underwriting guidelines to decide whether or not to insure a driver voluntarily.  Some of the most common factors that will affect your rate are: your driving record, where you live, type of car you drive, how often you drive and your patterns of driving.​

Your Driving Record

Your driving record will have the largest impact on your insurance premium.  North Carolina insurance points are charged for at-fault accidents and convictions for moving violations that occur within the last 3 years (your experience period).

Where You Live

The area you live in will also affect your rate.  Insurers will consider vehicle and population density, road conditions, repair rates, hospital and medical costs, and the number of accidents and other claims in a particular area.  Normally, urban areas have higher rates than rural areas.

Type of Automobile

The likelihood of theft, cost of repair and replacement, and the style of vehicle (sports car, SUV, station wagon, etc.) will influence your premium.  For example, a sports car will normally have a higher premium than a family sedan.

Household Members

When the individuals residing in your house have bad driving records, the insurance company knows it has an increased risk.  The insurance company will consider that risk when underwriting the policy, because generally any family member residing in the same household will be considered an insured under the liability provisions of the insurance policy.  Anyone driving your covered vehicle with permission is also covered by your policy.

For more information you can always contact the NC Department of Insurance.​

Can you be liable for providing alcohol as a social host?

The liability of social hosts for the actions of guests to whom they have served alcoholic beverages is an example of a duty imposed by the law to try to prevent a third person from causing harm to innocent people.  

In Hart v. Ivey the North Carolina Supreme Court has recognized such a cause of action.  

In that case the Plaintiff was injured in an automobile accident.  She sued a number of people, including the 18-year-old driver of the car that struck hers, the driver's father, the hosts of a keg party who had supplied beer to the driver earlier in the day, and the beer vendor.

The Court held that the Defendant (social host) owed a common law duty to the driving public not to serve alcohol to an intoxicated person who Defendant knew to be driving.

Upon proof that:

• the Defendants knew the driver was under the influence of alcohol, and
• knew that he would soon be behind the wheel of an automobile,

a jury could find that it was negligent to serve the driver alcoholic beverages and that injuries of the kind for which plaintiff sought recovery were foreseeable. 

Hence, the moral of the post: if you know that your friend is too intoxicated to drive after a great party you hosted ... pull out that couch or call the taxi.  Under no circumstances let the friend drive home.