Speed Camera Tickets Impacting Insurance Rates – Is This Legal?
I just received a notice that my insurance premium has increased by $200 for the next six months. In my previous cycle, I thought the increase was simply due to inflation, but now it’s reached a level that has compelled me to shop around for better rates. When I contacted my agent, she informed me that the hike was due to having two speeding tickets. I clarified that these were speed camera tickets—one was issued while my husband was driving—and mentioned that state law in Virginia prohibits these tickets from affecting insurance rates.
My agent suggested I check with the DMV, as they still appear on my Motor Vehicle Record (MVR). After reaching out to both the DMV and the clerk of court handling the ticket, I received confirmation that those two tickets do not appear on their records. I also accessed my own 11-year driving record online, and they were absent. Despite this, I’m facing penalties based on tickets that, by law, should not impact my insurance.
I previously contested the first ticket in court and was assured by the judge that if I paid the fine for the ticket issued while my husband was driving, it wouldn’t affect my insurance. Even the mayor, who knows my agent through their rotary club, stated that these tickets wouldn’t have an insurance impact. My agent plans to discuss this with both the mayor and another clerk of court that she knows.
I’m frustrated and seeking advice on how to resolve this situation. I want a refund and to avoid an additional $500 expense every six months because of these tickets. I attempted to obtain an insurance quote directly from Progressive, and while it started at $311, it soared to $873 after I entered my vehicle identification numbers and driver’s license information, with the explanation being the two tickets.
Is it time to get a lawyer? My agent mentioned that the only insurance provider not flagging these tickets was Travelers; all others seem to acknowledge them.
For reference, here’s the relevant Virginia law: Virginia Code § 46.2-882.1.F, which states that these penalties shall not be deemed convictions or included in the driving record, nor should they impact insurance coverage.
It sounds like you’re going through a frustrating situation. First, you’ve done a great job gathering evidence regarding the tickets and understanding your rights under Virginia law. Since you’ve confirmed that the tickets do not appear on your driving record and should not be impacting your insurance, here are some steps you can take to resolve the issue:
Communicate Clearly with Your Insurer: Write a formal letter or email to your insurance company outlining the situation. Include copies of any documentation from the DMV or the clerk of court that confirms the tickets are not on your record. Cite the specific Virginia law you referenced, as this bolsters your case.
Request a Formal Review: Ask your insurance company to conduct a formal review of your policy and the rate increase based on the erroneous tickets. Make it clear that you expect them to adhere to the legal standards regarding the use of speed camera tickets.
Talk to the Agent’s Superiors: If your agent is unable to resolve the issue, ask to speak with a supervisor or manager. They may have more authority to review and amend the situation.
Consider Filing a Complaint: If the insurance company continues to disregard the law and does not resolve the issue, you could file a complaint with the Virginia Department of Insurance. They may be able to intervene on your behalf.
Consult a Lawyer: If you’re still facing difficulties after taking these steps, consulting with an attorney who specializes in insurance law could be beneficial. They can provide you with specific legal advice tailored to your situation and may help you recover any additional costs incurred.
Explore Other Insurance Options: Continue comparing rates with other insurers, as you’ve started to do. It’s vital to ensure you are getting the best rate available without any unjust penalties.
Documentation: Keep a detailed record of all communications—including dates, times, and the names of people you spoke with—as this may be useful if the issue escalates.
I hope this helps you find a resolution quickly! You have every right to challenge penalties that are not valid according to state law.