Current through Register No. 12, March 21, 2024
(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.