Assigned risk

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Assigned risk is a government-required method of providing insurance coverage to an individual by compelling insurance companies to service them when such companies would ordinarily not do so due to perceived risk of insuring the individual as a customer. [1]

Contents

United States

Within the United States, several state governments have laws compelling insurers to provide automobile insurance and workers' compensation policies to individuals listed in assigned risk pools. [1]

Motor vehicle insurance

In the United States, a state government, usually the Department of Motor Vehicles, assigns the risky motorists to automobile insurance companies. [2]

High risk drivers are often undesirable to insurance companies, and may not be able to purchase insurance through conventional means. [3] They are considered high-risk because of numerous speeding or other traffic tickets, or a recent history of motor vehicle accidents, or in states that have a point system, accumulation of so many points. The state DMV point system may be different from the insurance companies' point system. [4]

Several states in the U.S. have such assigned risk systems. [5] New York is a typical system. [6] The MVAIC, or Motor Vehicle Accident Indemnity Company, may assign high-risk drivers, and pays for victims of uninsured or underinsured motorists. [7] Uninsured means the driver or owner of a motor vehicle has no insurance at all, while an underinsured person has insurance, but the coverage is insignificant compared to the potential damages accrued from a tort lawsuit. [8] [9]

See also

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Vehicle insurance in the United States is designed to cover the risk of financial liability or the loss of a motor vehicle that the owner may face if their vehicle is involved in a collision that results in property or physical damage. Most states require a motor vehicle owner to carry some minimum level of liability insurance. States that do not require the vehicle owner to carry car insurance include Virginia, where an uninsured motor vehicle fee may be paid to the state, New Hampshire, and Mississippi, which offers vehicle owners the option to post cash bonds. The privileges and immunities clause of Article IV of the U.S. Constitution protects the rights of citizens in each respective state when traveling to another. A motor vehicle owner typically pays insurers a monthly fee, often called an insurance premium. The insurance premium a motor vehicle owner pays is usually determined by a variety of factors including the type of covered vehicle, marital status, credit score, whether the driver rents or owns a home, the age and gender of any covered drivers, their driving history, and the location where the vehicle is primarily driven and stored. Most insurance companies will increase insurance premium rates based on these factors, and less frequently, offer discounts.

Increases in the use of autonomous car technologies are causing incremental shifts in the responsibility of driving, with the primary motivation of reducing the frequency of traffic collisions. Liability for incidents involving self-driving cars is a developing area of law and policy that will determine who is liable when a car causes physical damage to persons or property. As autonomous cars shift the responsibility of driving from humans to autonomous car technology, there is a need for existing liability laws to evolve in order to reasonably identify the appropriate remedies for damage and injury. As higher levels of autonomy are commercially introduced, the insurance industry stands to see higher proportions of commercial and product liability lines, while personal automobile insurance shrinks.

References

  1. 1 2 "Assigned Risk". Legal Information Institute. Cornell Law School. June 2021. Retrieved February 28, 2022.
  2. Ballentine's Law Dictionary, at 36.
  3. "See the Rupp's definition on the CCH website". Archived from the original on 2007-04-30. Retrieved 2007-04-12.
  4. Under N.Y. Law, a driver can be suspended after accumulating 11 points in 18 months:
  5. For example, New York, see article text, California: and Minnesota:
  6. N.Y. Insurance Law, Article 52; to locate the law online, search under "Bill search and Legislative materials" at under INC, article 52.
  7. MVAIC web site
  8. Notice of intent Archived January 24, 2007, at the Wayback Machine
  9. MVAIC forms

External sources