§ 58-36-75. At-fault accidents and certain moving traffic violations under the Safe Driver Incentive Plan. - North Carolina Statutes

§ 58-36-75.  At-faultaccidents and certain moving traffic violations under the Safe Driver IncentivePlan.

(a)        Thesubclassification plan promulgated pursuant to G.S. 58-36-65(b) may provide forseparate surcharges for major, intermediate, and minor accidents. A "majoraccident" is an at-fault accident that results in either (i) bodily injuryor death or (ii) only property damage of three thousand dollars ($3,000) ormore. An "intermediate accident" is an at-fault accident that resultsin only property damage of more than one thousand eight hundred dollars($1,800) but less than three thousand dollars ($3,000). A "minoraccident" is an at-fault accident that results in only property damage ofone thousand eight hundred dollars ($1,800) or less. The subclassification planmay also exempt certain minor accidents from the Facility recoupment surcharge.The Bureau shall assign varying Safe Driver Incentive Plan point values andsurcharges for bodily injury in at-fault accidents that are commensurate withthe severity of the injury, provided that the point value and surchargeassigned for the most severe bodily injury shall not exceed the point value andsurcharge assigned to a major accident involving only property damage.

(a1)      Thesubclassification plan shall provide that there shall be no premium surcharge,increase in premium on account of cession to the Reinsurance Facility, orassessment of points against an insured where: (i) the insured is involved andis at fault in a "minor accident," as defined in subsection (a) ofthis section; (ii) the insured is not convicted of a moving traffic violationin connection with the accident; (iii) neither the vehicle owner, principaloperator, nor any licensed operator in the owner's household has a drivingrecord consisting of one or more convictions for a moving traffic violation orone or more at-fault accidents during the three-year period immediatelypreceding the date of the application for a policy or the date of thepreparation of the renewal of a policy; and (iv) the insured has been coveredby liability insurance with the same company or company group continuously forat least the six months immediately preceding the accident. Notwithstanding(iv) of this subsection, if the insured has been covered by liability insurancewith the same company or company group for at least six continuous months, someor all of which were after the accident, the insurance company shall remove anypremium surcharge or assessment of points against the insured if requirements(i), (ii), and (iii) of this subsection are met. Also notwithstanding (iv) ofthis subsection, an insurance company may choose not to assess a premiumsurcharge or points against an insured who has been covered by liabilityinsurance with that company or with the company's group for less than sixmonths immediately preceding the accident, if requirements (i), (ii), and (iii)are met.

(a2)      Thesubclassification plan shall provide that there shall be no premium surchargeor assessment of points against an insured where (i) the insured's driver'slicense has been revoked under G.S. 20-16.5; and (ii) the insured issubsequently acquitted of the offense involving impaired driving, as defined inG.S. 20-4.01(24a), that is related to the revocation, or the charge for that offenseis dismissed. In addition, no insurer shall use, for rating, underwriting, orclassification purposes, including ceding any risk to the Facility or writingany kind of coverage subject to this Article, any license revocation under G.S.20-16.5 if the insured is acquitted or the charge is dismissed as described inthis subsection.

(b)        Repealed by SessionLaws 1999-294, s. 12(a), effective July 14, 1999.

(c)        Repealed by SessionLaws 1999-132, s. 8.1, effective June 4, 1999.

(d)        There shall be noSafe Driver Incentive Plan surcharges under G.S. 58-36-65 for accidentsoccurring when only operating a firefighting, rescue squad, or law enforcementvehicle in accordance with G.S. 20-125(b) and in response to an emergency ifthe operator of the vehicle at the time of the accident was a paid or volunteermember of any fire department, rescue squad, or any law enforcement agency.This exception does not include an accident occurring after the vehicle ceasesto be used in response to the emergency and the emergency ceases to exist.

(e)        Repealed by SessionLaws 1999-294, s. 12(a), effective July 14, 1999.

(f)         Thesubclassification plan shall provide that with respect to a conviction for a"violation of speeding 10 miles per hour or less over the speedlimit" there shall be no premium surcharge nor any assessment of pointsunless there is a driving record consisting of a conviction or convictions fora moving traffic violation or violations, except for a prayer for judgmentcontinued for any moving traffic violation, during the three years immediatelypreceding the date of application or the preparation of the renewal. Thesubclassification plan shall also provide that with respect to a prayer forjudgment continued for any moving traffic violation, there shall be no premiumsurcharge nor any assessment of points unless the vehicle owner, principaloperator, or any licensed operator in the owner's household has a drivingrecord consisting of a prayer or prayers for judgment continued for any movingtraffic violation or violations during the three years immediately precedingthe date of application or the preparation of the renewal. For the purpose ofthis subsection, a "prayer for judgment continued" means adetermination of guilt by a jury or a court though no sentence has beenimposed. For the purpose of this subsection, a "violation of speeding 10miles per hour or less over the speed limit" does not include the offenseof speeding in a school zone in excess of the posted school zone speed limit.

(f1)       The subclassificationplan shall provide that in the event an insured is at fault in an accident andis convicted of a moving traffic violation in connection with the accident,only the higher plan premium surcharge between the accident and the convictionshall be assessed on the policy.

(g)        As used in thissection "conviction" means a conviction as defined in G.S. 20‑279.1and means an infraction as defined in G.S. 14-3.1.

(h)        The North CarolinaRate Bureau shall assign one insurance point under the Safe Driver Incentive Planfor persons who fail to yield to a pedestrian under G.S. 20‑158(b)(2)b.(1987, c. 869, s. 6; 1991, c. 101, s. 1; c. 713, s. 1; c.720, s. 90; 1991 (Reg. Sess., 1992), c. 837, s. 11; c. 997, s. 1; 1993, c. 285,s. 11; 1995 (Reg. Sess., 1996), c. 730, s. 3; 1997-332, s. 1; 1997-443, s.19.26(d); 1999-132, s. 8.1; 1999-294, s. 12(a), (b); 2003-137, s. 1; 2004-172,s. 4.)