Ask PIA is a members-only searchable database featuring hundreds of
member questions answered by our highly-qualified technical specialists
If you have not registered for members-only sevices from PIA click here.
Search
Browse by topic
Personal auto
310003-00
Re-tiering and the 2 percent nonrenewal limit
When an insurer re-writes an auto policy from one of its company tiers to another, is this re-tiering charged to the insurer’s 2 percent......
310004-00
NYAIP: international drivers’ licenses
I have an applicant for the New York Automobile Insurance Plan who possesses an international driver’s license.
Is he eligible......
310008-00
Rental car coverage limits
Is the coverage provided by New York’s Rental Vehicle Coverage Endorsement of the personal auto policy subject to any maximum limits or......
310009-00
Physical damage inspections—used vehicles
A policyholder bought a car from a used-car dealer, but she did not have a physical damage inspection within 14 days. An accident......
310012-00
NYAIP—surcharge
I have a couple insured in the New York Automobile Insurance Plan. The wife’s driving record is clean, but the husband’s record is......
310017-00
NYAIP: Inexperienced operator surcharge
My insured is an 18-year-old inexperienced operator in the New York Automobile Insurance Plan. He owns two cars. Should his rates for both cars be......
310018-00
NYAIP: Assigned carrier lasts three years
My insured does not like the company he was assigned to in the New York Automobile Insurance Plan. He wants me to cancel and re-write the policy......
310019-00
NYAIP: Physical damage inspections
Are vehicles seven-years-old or older exempt from the physical damage inspection in the New York Automobile Insurance Plan?...
310025-00
NYAIP: vehicle garaged out-of-state
Can I write an auto in the New York Automobile Insurance Plan if the principal place of garaging is out-of-state? The vehicle owner is a student......
310037-00
NYAIP: Classic cars
I am trying to get comprehensive coverage for some “classic” vehicles, specifically a ’48 Packard, ’64 Corvette, ’72......
310043-00
Surcharges for accidents in company cars
I thought that if a person is involved in an accident while driving a business-owned vehicle, his/her personal auto policy cannot be surcharged......
310044-00
No surcharge for injury while parked
My insured put in a claim under Personal Injury Protection. Now the company is trying to surcharge for the “accident.” Here’s......
310045-00
Defensive-driving courses—not retroactive
I have an insured who is in the New York Automobile Insurance Plan. He had a clean record and took the state-approved defensive-driving course in......
310054-00
Splitting policies upon divorce
My clients are getting a divorce, and they want to get separate policies on their two vehicles (each spouse owns one car). The company won’t......
310055-00
Personal auto policy is primary for bus accidents
How come, if a child is injured in a school bus accident, the parents’ auto insurance policy pays?...
310056-00
Covering employer who furnishes auto
My client is furnished an auto leased by his employer. The employer told my client to register and insure the auto with the employer named as......
310057-00
Rented van
My client is renting a van in order to transport a group of Girl Scouts. Will the van be covered for loss or damage under her personal auto......
310058-00
NYAIP: Surcharge time frame
An applicant came in who, in the last two weeks, had a property damage accident of more than $4,000 and a citation for speeding (70 mph in a 50......
310067-00
Livery use exclusion
Our insured, a corrections officer, uses his own car to transport prisoners to the doctor, etc. He is reimbursed by his employer. Is coverage for......
310069-00
Inexperienced operator surcharge
An applicant came in for auto insurance. He held a driver’s license from age 18 to 25 but then let it lapse for four years. Now, at 29, he......
310075-00
Named non-owner policy—rental car coverage
I have been asked to write a named non-owner auto policy for a client who does not own a vehicle of his own. Will this policy give him coverage......
310077-00
NYAIP: Additional vehicle
Our insured had a policy written in the New York Automobile Insurance Plan. He purchased a second car, and we issued an I.D. card and forwarded......
310079-00
Rates applicable to replacement autos
How do we rate a change of vehicle midterm when the company has taken a rate increase since the inception of the policy? In our case, our......
310097-00
NYAIP: Minimum commission
On New York Automobile Insurance Plan business, can a producer be billed for commission on earned premium that the insurer has not collected from......
310106-00
Children’s cars create coverage gap
We have a husband and wife who have four cars. Two cars we insure for bodily injury liability at 250/500 plus an umbrella liability policy. There......
310112-00
Agent’s role in claims
How do we handle a situation in which clients either do not have collision coverage, or don’t want to use the collision coverage they have,......
310114-00
Pickups used for business
We insure a pickup truck on a New York personal auto policy. The pickup is used to deliver appliances and do servicing work. This truck is......
310128-00
Timing of rate increase
On a personal auto policy, can the insurance company increase the premium after six months, or must the company wait until the end of the one-year......
310138-00
Personal auto policy coverage for hauling boats in connection with business
My client has a personal automobile policy. He also owns a business. About two or three times a year, he hauls boats that are connected with this......
310151-00
Surcharges and subrogation
Where is the rule that protects policyholders against surcharges if a subrogation action recovers at least one-third of the property damage claim......
310159-00
N.Y. vehicle located outside the U.S.
A client had her car shipped to Italy still bearing her New York license plates. The vehicle is insured through us and also in Italy. Due to......
310207-00
Learner’s permit holders
Through an underwriting questionnaire, an auto insurance company learned about a child in the household who just started driving with a......
310243-00
Vehicle owner’s vicarious liability
My client is being surcharged for an accident under circumstances where his vehicle was stolen by an individual who was negligent in causing......
310277-00
Diminished value
Are personal auto insurers providing personal automobile insurance in New York required to pay for the diminished value of a vehicle that has been......
310281-00
Dual claims
A client is insured with Carrier A under a standard personal automobile policy and has an accident with another insured of the same carrier......
310287-00
Parental liability for child’s actions
Can the parents of a young driver who registers and insures a vehicle in his/her own name be held liable for a serious accident caused by their......
310301-00
Multi-state policies
An insured lives in New York and has a car here, but also has a residence in Florida and has a car there too. The car is garaged in Florida so,......
310302-00
Physician’s statement required for driver
One of our insureds has had their personal auto coverage with a carrier for many years and recently turned 70 years old. The carrier is requesting......
310316-00
Renting an ATV
My insured will be going on vacation to Virginia and renting an all-terrain vehicle. Is there coverage under the personal auto policy?...
310319-00
Total loss valuation
A client of mine recently had an accident and their vehicle was declared a total loss. How does the company arrive at their figure? Is there a......
310354-00
Out-of-state coverage under Added PIP
I know there are options to increase benefits under Added PIP in New York, but I think it also expands coverage beyond Basic PIP for injured......
310361-00
MV-104 accident report notification
Does the law, which increased the property damage threshold for which carriers may assess a surcharge from $1,000 to $2,000, change the......
310375-00
PAP racing exclusion
We had an inquiry from a high-performance auto owner who desires to race his car on a track that is set up for such use. The insurer is telling us......
310402-00
Exiting a vehicle
My insured, as he was about to open the door to his auto, tripped and fell. In the process of falling, he fell into his auto suffering severe......
310490-00
Auto medical payments
Why would my client want to purchase auto medical payments coverage when personal injury protection in New York covers medical payments?...
900002-00
Transportation expenses
Does a personal auto policy provide expenses for airfare if our insured is on vacation and his vehicle is stolen?...
900014-00
Medical payment for pets
Our insured was in an auto accident. The family dog, riding in the car, was hurt. Are the veterinarian’s bills covered under the medical......
900016-00
Camper trailers
My client has an auto camper-trailer on blocks at a campsite with an attached, screened-in porch. Is the porch covered against damage or loss on......
900019-00
Snowplowing—personal auto liability
My insured has a pickup truck as his personal vehicle. In the winter, he mounts a snowplow on it—for his personal use, he says. I am......
900025-00
Golf cart liability
Our client accidentally injured his golf partner when he lost control of the golf cart. He has asked whether there is any coverage under his auto......
900026-00
Volunteer drivers
One of my insureds drives her own personal vehicle in volunteer work for the Red Cross. She transports people to doctors and hospitals for......
900037-00
Named non-owned coverage
How does our agency provide coverage for people who do not insure owned autos on a personal automobile policy to protect them when they......
900040-00
Federal employee exclusion
My insured took a job with the U.S. Post Office. She became alarmed when she was told by her employer that her personal auto policy would not......
900046-00
Noncooperation
My client’s car was hit by another auto. Now the other driver’s insurer has denied coverage due to lack of cooperation by its insured.......
900049-00
Physical damage
We have a client who is the named insured on a personal auto policy covering his owned vehicle. His wife and son have leased another vehicle. Is......
900063-00
Military service and youthful operators
We insure a family whose young son is away serving in the military. Do we need to rate him as a youthful operator on his family’s auto policy?...
900069-00
Horse trailers covered
We insure a husband and wife who own eight automobiles and three trailers. They use the trailers to haul horses. Are the trailers covered under......
900079-00
Damage by rodent
The lights went out on my client’s Thunderbird. The mechanic found a mouse that had been chewing on the wires. Can a claim be made under the......
900082-00
Total loss—insurer’s option
Following a coastal storm, we had a loss involving a vehicle which had been subjected to immersion in salt water. The client had a $2,000 repair......
900087-00
Coverage for employer
My client’s employer wants to be covered while the client uses his personal auto for business-related activities. How can the employer be......
900089-00
Stolen auto scenarios
We recently had two situations involving stolen vehicles. In the first case, a stolen car hit our insured’s car. Can he collect from the......
900090-00
Trailer has coverage under personal auto policy
We have an insured with a tractor that he transports on a trailer pulled by his personal vehicle. He may be starting a lawn-mowing business. He......
900162-00
Comprehensive coverage applies to contact with deer
Would a collision with a deer be considered a “collision” under the personal auto policy and, therefore, covered under the collision......
900163-00
Coverage for day-care transport
Our insured provides family day-care in her home. When she is driving the children in her car, would any accident be covered under her personal......
900164-00
Duty to defend when limits exhausted
Under the personal auto policy, are the liability limits reduced by the legal costs of defending the claim?...
900165-00
Other state registrations
Does a Connecticut personal auto policy cover autos that are registered in other states?...
900168-00
Motor home not covered if rented to friend
Our client owns a motor home, insured under a personal auto policy. He wants to rent it to a friend and wants to know if it will still be covered......
900169-00
Damage to plow
We’ve run into a claim dispute over a snowplow attached to a pickup truck. The insurer is denying the claim for damage to the plow, based on......
900170-00
No license, no permit
We have a company that went ahead and added a 16-year-old to his parents’ auto policy, even though this teenager doesn’t have a......
900203-00
Non-owned motorcycle dilemma
We have been asked the following question but need to confirm the answer. Alexander, 21, took a short ride (about a half mile) on his......
900205-00
Third-party uninsured vehicle
Can an insurer deny payment for damages to a claimant’s vehicle if the claimant’s vehicle was uninsured at the time? The......
900232-00
Renting a moving truck
My client is renting a moving truck to move from one house to another. The rental company is telling him that his auto policy will not cover him......
900265-00
’Active duty’ clarification
We were told by one company that if a son/daughter is in “boot camp” or basic training that this is not considered active duty,......
900272-00
PAP coverage for vehicle contents
Our insured transported on his trailer a tool box belonging to his future son-in-law. The box was loaded negligently, flipping the trailer......
900274-00
Be careful when replacing vehicles
An insured contacted us to let us know of the purchase of a new vehicle and that he was trading in the old one shortly. Our insured also informed......
900288-00
Lending a vehicle to a friend
Our daughter has a vehicle, with her own insurance policy, away at school with her. She called me the other day to tell me the car was in an......
900289-00
Borrowing a friend’s truck to pick up supplies
I borrowed my friend’s pick-up truck so I could go to Home Depot and get some supplies. While I was borrowing it, I got into an accident. I......
900317-00
Insuring the lessor on a personal auto policy
My client insures a leased vehicle on a personal auto policy. The leasing company is requiring that it be added to the policy as an additional......
900328-00
Deceased auto policyholder
We have an auto policyholder who recently died and her children are wondering if they can drive the car. If they are insured while driving the......
900364-00
Pizza delivery
Our insured’s son just started working for a pizza shop. They are having him use his own car for the deliveries. I am worried there would be......
900386-00
DWI—collision coverage
I have a personal auto insured that was involved in an accident and was cited for driving while intoxicated. The carrier is disclaiming collision......
900399-00
Personal auto owned by trust
When a trust owns a vehicle insured on a personal automobile policy written in the name of the grantor, how do you reconcile coverage as primary......
900408-00
Automobile recall
Recently, an auto manufacturer had a recall on the air bags in some of their vehicles and they are advising consumers not to drive their vehicles......
900434-00
Thinking of pizza delivery while laid off from work
Our insured’s son just started working for a pizza shop because he has been temporarily laid off from work. They are having him use his own......