A consumer information publicationWhatyou - PDF document

1 Auto Auto A consumer information public
Auto Auto A consumer information publicationWhatyou The Minnesota Department of Commerce has prepared this guide to help you better understand autoinsurance. It gives you information on shopping for insurance, the different types of coverage, and a basicunderstanding of Òno faultÓ coverage.The Minnesota Department of Commerce regulates insurance agents, agencies, adjusters, and companiesoperating in Minnesota. If they are licensed to do business in the State, they are responsible for adheringto the laws and rules that govern the industry. This guide does not list all of these regulations. If youhave a question about your insurance, please contact the DepartmentÕs Consumer Response Team at651-296-2488, or toll free 800-657-3602. Duplication of this guide is encouraged. Please feel free to copy this information and share it with others.Department of Commerce Auto Insurance can protect you from the financial costs of anaccident or injury, provided you have the proper coverage. Yetmany people are unclear about what their insurance policy cov-ers until it is too late. They may have difficulties settling a claimor face rate increases or termination of coverage.Is...Protection.In

2 surance is a way of transferring risk fo
surance is a way of transferring risk for a lossamong a certain group of people. You, and others, pay premiumsto an insurance company to be reimbursed if you have an acci-dent. The amount you can collect and under what circumstancesare outlined in your policy.Required. Under most circumstances, a licensed vehicle in thestate of Minnesota must have liability, personal injury protection,uninsured motorist, and underinsured motorist coverage. Thesetypes of coverage are described below. Varied. requirements. Many people, however, choose options thatexceed these minimum requirements, thereby increasing thecost of the policy.Not...The premium you pay is not deposited intowere, it would probably not be enough to cover the cost of aEvery policy has limitations on what it covers and towhat extent. You may not be fully covered in every situation.Your policy will explain the limitations.coverage or not to renew your policy, depending on your drivingrecord or other factors. Minnesota law establishes the standardsfor these cases. See Cancellation and Nonrenewal of a Policy,Department of Commerce You are covered by the policy in your name. Any relative living inered by YOUR policy. This

3 includes a spouse, children, or aminor i
includes a spouse, children, or aminor in your custody or the custody of a relative. A driver usingyour car with your permission, who is not covered by anotherpolicy, will be covered by your policy. Personal Injury Protection(PIP) provides basic economic lossbenefits. If you are injured in an accident, this portion of youred limits, for medical expenses, lost wages, and replacementservices. These costs are paid no matter who is at fault. This iswhat is known as ÒNO FAULTÓ coverage (see page 5).covers claims to your policy from another driver. It isalso the portion of your policy that covers damages to anotherÕsUnderinsured coveragemedical claims of those covered by your policy. These benefitsare in addition to your PIP benefits and are used when the otherdriver is held responsible for the accident and does not haveUninsuredresponsible for the accident but is not covered by insurance.The above types of coverage are required; the following are optional:covers damage to your auto when you are involved inComprehensivecovers a loss that is NOT the result of a colli-sion. This usually includes fire, theft, falling objects, or an acci-dent involving a deer.Department of Commerce T

4 o summarize the types of coverage Requir
o summarize the types of coverage Required coverage applies when you and others covered by your pol-You collect on your PIP benefits, regardless of whether you orthe other driver is at fault. This is the no-fault portion of your pol-when your PIP benefits run out. You also can make aIf the other driverÕs liability is insufficient, you collect on yourOptional coverage applies in cases of damage to your vehicle:claim against that driverÕs liability coverage. If you are at fault,damage to your vehicle as a result of an accident with anothervehicle or object is covered under the portion ofyour policy. If your vehicle is stolen or damaged by vandalism, fire, or impactwith a deer, you are covered under thetion of your policy. Department of Commerce What about coverage of rental cars?Minnesota law requires every automobile insurance policy, underthe property damage liability portion, to provide a minimum of$35,000 in coverage, without a deductible, for damage to, andloss of use of, a rental car (including pickup trucks and vansunder 26,000 pounds). State law further specifies that when adriver rents a vehicle in Minnesota, a separate notice must beattached to the rental contract t

5 hat informs the driver of this cov-erage
hat informs the driver of this cov-erage. The notice must also state: Òpurchase of any collision dam-age waiver or similar insurance affected in this rental contract isnot necessary if your policy was issued in Minnesota.Ó The samelaw requires that no collision damage waiver or other insuranceaffecting the rented vehicle can be sold unless the person rent-ing the vehicle acknowledges in writing that the consumer pro-tection notice has been read and understood.What about coverage when you loan your car to a friend? dent? If any of your friends who are driving your automobile havean automobile insurance policy, their injuries will be coveredunder their own policy, not yours. If they are not covered undertheir own policy, and no one in their household is covered undera policy, the basic economic loss benefits will be paid from yourpolicy.Who pays for damage to the car, however, is not quite so simple.Your car will always be covered under your own policy aslong as the policy carries comprehensive and collisioncoverage. Under certain circumstances, however, theage to your car. Check your policy under the defi-nition of Òyour covered auto.Ó Department of Commerce dent, regardles

6 s of who is at fault. But Òno-faultÓ cov
s of who is at fault. But Òno-faultÓ coverage appliesONLY to expenses resulting from injuries sustained in an acci-dent. Here are some other facts about no-fault:No-fault is a Minnesota law. It was established to help ease theburden of courts and to ensure prompt treatment for accidentNo-fault IS the Personal Injury Protection (PIP) on your policy,sometimes referred to as Basic Economic Loss Benefits.No-fault covers your medical costs, wage loss, replacement serv-ices such as housekeeping, and in the event of death, $2,000 offuneral expenses.No-fault claims are first made on your own PIP. If expenses thenprove greater than the PIP limit on your policy, or you attainspecified thresholds, you may make a claim against the other dri-each person injured in an accident; $20,000 is allowed for medicalCoverage beyond these minimum amounts may be purchased.No-fault usually does not apply to accidents when you are ridingyour motorcycle or snowmobile. You must purchase a separateinclude personal injury protection. PIP coverage for snowmobilesor motorcycles can, however, be purchased separately. You must include proof of expenses, complete an application forbenefits, and submit to a me

7 dical examination if requested. BillsDep
dical examination if requested. BillsDepartment of Commerce Minnesota requires all licensed vehicles to have PIP, Liability,Uninsured, and Underinsured coverage in the following amounts: Type of CoverageMinimum Amount RequiredPersonal Injury Protection (PIP)$40,000 per person per accident wages, replacement services, etc.)Liability$30,000 for injuries to one person$60,000 for injuries to two or more people$10,000 for physical damage to the other driverÕs vehicle or for damage to propertyUninsured$25,000 for injuries to one person $50,000 for injuries to two or more peopleUnderinsured$25,000 for injuries to one person $50,000 for injuries to two or more peopleIf you have a loan on your vehicle, the lienholder, as the legalowner of the car, will require you to carry comprehensive andcollision coverage. If you do not purchase this coverage, the lienholder may buy it and charge you for the premium. This istermed Òforced insurance;Ó it is extremely expensive, it is legal,and it does not include the required coverages listed above. A number of factors affect the insurance premiums you pay.Different insurance companies may determine rates in differentways, but here are some of the

8 items that affect the cost of thepolicy
items that affect the cost of thepolicy.In addition to required coverage and optionalcollision and comprehensive coverage, you may choose addition-al coverage that will increase the cost of the policy. Full glassreplacement, towing, and providing for rental car use when yourcar is unavailable are examples of optional coverage.Department of Commerce Age and gender.Insurance industry statistics show that certaingroups of people have different accident rates, based on their ageand gender. For example, teenagers and seniors have more acci-dents. Because they are viewed as an increased risk for theinsurance company, they pay more for coverage. Certain vehicles cost more to repair or replace.An insurance company charges more for physical damage cover-age on one of these vehicles.The more you drive, the more opportunity for an acci-dentÑand the more you pay for coverage.Driving record. You will be rated according to traffic accidentsand tickets you have over a period of years. The more incidents,the greater the premium. You may also be turned down for cov-erage if you have too many.Where you live. If you live in an area with more traffic (a cityversus a rural area), industry stat

9 istic show that you have agreater chance
istic show that you have agreater chance for an accident and therefore will pay more forwhich is the amount you pay first, before your insurance companypays, on a covered loss. The higher the deductible, the lower yourpremium. Insurance companies offer varying deductible amounts.Your premium may be reduced by various discountsoffered by some companies in some instances. For example, somecompanies may offer a discount if you have your homeownerÕsinsurance with them or if you are a non-smoker. Other discountsare required by law: policyholders age 55 and over who have suc-cessfully completed a defensive driving course receive a 10 percentdiscount; a vehicle equipped with an authorized anti-theft protectiondevice receives a 5 percent deduction on comprehensive coverage.Surcharges.If you have one or more traffic violations or acci-dents, your insurance company may attach an additional chargeto your policy. What triggers the surcharge and how much it willbe vary from company to company. The Surcharge Disclosurefor your policy, will have the details.Department of Commerce Ways to reduce auto insurance costsTalk to more than one agent and insurance company.Increase deductibles: the

10 higher the deductible the lower theprem
higher the deductible the lower thepremium.Ask about discounts. Find out if you are eligible for any of thediscount programs offered by the company. Department of Commerce Decide on the coverage you need and want before you shop Although you must insure your vehicle to the minimum stan-dards previously described, you do have some options. Beforeeach kind of coverage and the deductibles you can afford. Forhave an accident, you must pay the first $500 before your insur-ance company will pay for the remainder of the loss.You may wish to purchase additional coverage rather than theminimum prescribed. Deciding on the type and amount of addi-tional coverage you want before you talk to an agent or companywill allow you to compare Òapples to apples.Ó Discounts can differfrom company to company in type and amount. Make your com-parison on how these discounts affect the final cost. Using theCall several agents There are two types of agents: those that represent a single com-pany (captive agents) and those that represent a number of com-panies (independent agents). Each will be able to provide youwith a quote for insurance coverage. Make sure you know whichcompany the agent is obtain

11 ing the quote from. If you have ques-tio
ing the quote from. If you have ques-tions about a company or agent, please call the Department ofCommerce Consumer Response Team (CRT) at 651-296-2488 orAsk about surchargesAs noted above, an insurance company may affix a surcharge toyour policy if you make a claim or receive a ticket for a traffic vio-lation. Ask about the companyÕs surcharge policy, under whatconditions it is applied, and how the amount is determined.lowest rates may not be, once the surcharge is factored in. Someinsurers donÕt have surcharge plans; some forgive first accidents,tickets, and similar violations; and most companies will vary inthe amount of their surcharge. Department of Commerce Every company is required to provide the policyholder with asurcharge disclosure statement, prior to accepting the initial pre-mium payment. Once a policy is in effect, an insurance companycannot change a surcharge plan without first mailing or deliver-ing a copy of the new Surcharge Disclosure Sheet to the insured.If you are involved in an accident:Write down the names of any other drivers involved, theirinsurance companies, policy numbers, and the license plateWrite down the name, address, and phone number of any

12 inde-pendent witness to the accident. T
inde-pendent witness to the accident. This is very important. Call your agent or the claims processing number listed in yourpolicy.to file a claim against the other driverÕs policy. Obtaining repair estimatesYour insurance company cannot require you to have your vehiclerepaired at a specific repair shop. You may choose your ownrepair shop; however, the insurance company may require you tohave one or more estimates, and if your shop is not the low bid-der, you may be responsible for paying the difference. If yourinsurance company requires more than two estimates, it mustalthough it is not required to do so. The company cannot requirean inspection at a claims center solely under its control, but itcan require you to drive to one of the companyÕs ÒpreferredÓrepair shops so long as it is within a reasonable distance.Department of Commerce The quality of the repairYour company must restore your vehicle to the condition it wasin before it was damaged. Any parts replaced on your damagedvehicle must be original equipment (OEM) parts, unless youagree to Òafter market partsÓ (those parts not made by your vehi-cleÕs manufacturer). The OEM parts do not have to be new, how-ever, if you

13 r vehicle was not new at the time it was
r vehicle was not new at the time it was damaged. Two terms used in association with vehicle repair can affect thesettlement of your claim: ÒbettermentÓ and Òdepreciation.ÓBetterment means that your vehicle is better than it was before itwas damaged; the insurance company can reduce your settle-ment only if your vehicleÕs resale value has increased over whatit was before the accident. Generally, the company will deductthe difference between the cost of a used part (appropriate forpart. Betterment is considered only for major parts such as trans-missions, engine blocks, etc. Items such as fenders and tires donot generally increase the overall resale value enough to merit abetterment reduction.Depreciation refers to a reduction in your settlement based onthe age or use of a part being replaced. Certain parts on yourtake this into consideration. For example, if a tire on yourcar is expected to last 60,000 miles, and it had 30,000company may pay only 50 percent of the cost for anew tire.Department of Commerce Disagreements over claimsThe insurance company has two options for meeting its require-ment to return your vehicle to its pre-accident condition. Thecompany may assume all

14 costs to repair your vehicle satisfacto
costs to repair your vehicle satisfactori-ly, or it may offer a cash settlement to pay for satisfactory repair.In both cases, satisfactory repair includes repair of all obviousand hidden damage caused by the incident. If you disagree withthe insurance company about whether it has met its require-ments under the law, you should first speak with the adjusterassigned to your claim or his or her supervisor. If you are unableto resolve the issue, you may contact the Department ofCommerce Consumer Response Team at 651-296-2488 or toll free800-657-3602. The CRT will attempt to resolve the matter infor-mally. If it cannot be resolved in this way, you may be asked tosend a letter to the Department to begin a formal investigation,or the CRT may inform you of your right to pursue action insmall claims court or arbitration as outlined in your policy. Within first 59 days.Minnesota law prohibits any persontus, status as a tenant, or for not previously having an auto insur-ance policy (unless the person was legally required to have one).Except for these reasons, an insurance company can cancel aninsurance policy for any reason within 59 days of issuing it.Cancellation or reduction of co

15 verage during the term of thepolicy. Aft
verage during the term of thepolicy. After the first 59 days, an insurance company cannot can-cel a policy during the policy period except for the reasons sum-are contained in Minnesota Statutes Chapter 65B.15. Minnesotalaw also requires that the policyholder be notified of the cancella-tion and reasons for it.Nonpayment of premium.The policy was obtained through a misrepresentation.If the insured knowingly made a false or fraudulent claim andaided another in presenting a false claim.Department of Commerce Failure by the insured to disclose any accidents or trafficviolations within the preceding 36 months, or to discloseany requested information on the written application thatwould affect acceptance or the risk rating.Failure to disclose that the insured is the subject of a law-suit or refused to cooperate in a claim investigation.Failure to identify another person in the household whowould be insured under the same policy.Has health problems such as epilepsy or heart attacks anddoes not provide a physicianÕs written statement that despitethese problems the insured can safely operate an automobile.The insured automobile is so defective that its operationmight endanger publi

16 c safety or it is used for particular pu
c safety or it is used for particular pur-poses that increase risk. Nonrenewal of a policy.insurance company might choose not to renew the policy for anyof the reasons listed above. In addition, there are other reasons acompany may choose not to renew. These include failure of theinsured to provide necessary underwriting information request-ed by the insurance company. The request must be in writing, besent twice, and state why the information is needed; the secondrequest must inform the policyholder that the policy will not berenewed unless the information is provided.Another reason for nonrenewal is the termination of an insurancecompanyÕs contract with an agent. The company can drop thepolicies carried by that agent, older. These drivers must be informed that they have the right tocontinue their policy. The collection by the insured of a certain number of er reason for nonrenewal. Points are assigned based on auto viola-tions or accidents, and a total of two points acquired by one insuredon a single vehicle is sufficient to warrant nonrenewal. Seetem as prescribed by Minnesota Rules.Department of Commerce If You Lose Your Insurance ...Ask your agent aboutmobile Insurance

17 Plancoverage. This Plan guaranteesthat
Plancoverage. This Plan guaranteesthat coverage is avail-can't purchase coveragethrough ordinary chan-nels. The Plan is a poolof all insurers licensedinsurance in Minnesota. Licensed auto insuranceagents must offer cov-erage through the Planfor any qualified appli-denied coverage by theworks. An agent who sells for ahigh-risk insurer, howev-er, might choose not tocontact the Plan forcoverage but insteadinsurer. Minnesota Rules, Chapter 2770, prescribe the following pointFour points are assigned for each of the following:Leaving the scene of an accident without stopping to report.slaughter, criminal negligence, or assault originating out of theAny violation that results in the suspension or revocation of aful driving after your license has been suspended or revoked.Two and one-half points are assigned for:One and one-half points are assigned for:Careless driving.One point is assigned for:A ÒchargeableÓ accident in which the insurer pays more than$500, not including payment made under uninsured or underin-sured coverage. A chargeable accident is defined as an accidentin which the insurer makes payment under bodily injury, prop-erty damage, or collision coverage, but there

18 are several excep-tions. See Minnesota
are several excep-tions. See Minnesota Rules 2770.7700 for a complete definition.Department of Commerce Three-fourths point is assigned for:The second and each subsequent speeding violation duringthe three years preceding the renewal date.The first speeding violation during the three years preced-ing the renewal date.A chargeable accident in which total payment by insurer isPoints for nonrenewalaccumulated before a policy will not be renewed: Number of household vehiclesNumber of points requiredInsured by the same insurerto nonrenew33-1/24 or more4Department of Commerce The car in the rear in an accident is not automatically at fault.Independent witnesses are the best resource to determineliability.If you need to rent a car following an accident that is not yourfault, check with the liable driver's insurance to determine theamount of rental car coverage.Minnesota state law does not require comprehensive or colli-renting a comparable vehicle unless you purchase a policyYour Minnesota policy provides coverage outside the stateÑanywhere in the United States, US possessions, or CanadaÑbut not in Mexico. Some companies, however, sellThere is no Ògrace periodÓ for continuing you

19 r policy beyondthe premium due date.If y
r policy beyondthe premium due date.If you cannot mail your premium on time, personally handdeliver it to your agentÕs office and get a receipt. The date youragent is paid is considered to be the date the insurer is paid.Your agent is not required to call you to remind you that yourpremium is due.An insurance company has 30 business days in which toaccept, deny, or give a reason why it cannot accept a claim.With three exceptions, an insurance company can cancel yourpolicy for any reason within the first 59 days. The exceptions areyour employment status, status as a renter, and your not previ-ously having had a policy (unless you were legally required tohave one). A company must, however, always give you the rea-son it is canceling your policy.Department of Commerce Department of CommercePersonalInformationPrincipalDriverDriversAgeSexMarital Your VehiclesMakeModelYear 6 month premiumTOTALCompany 1Company 2Company 3 CoverageCoverageYourCoverageUninsuredInsuredNot requiredCoverageNot required Number of accidents in the last 3 years: Number of moving violations in the last 3 years: 000415 Department of Commerce Enforcement Division : 651-296-2488 (800-657-3602)Helps reso

20 lve conflicts between consumers and the
lve conflicts between consumers and the following industries:Financial Services email:licensing@state.mn.usProvides confirmation of license status for individuals in the industries we regulate. Unclaimed Property Division: 800-925-5668Call to find out if you are the rightful owner of any of MinnesotaÕs unclaimed property. Energy Information Center: 651-296-5175 (800-657-3710)Energy experts answer questions and distribute information about: Home energy conservation practicesResidential Building Energy Code requirementsMinnesotaÕs alternative energy sources Telecommunications Division: 651-296-1255MinnesotaÕs Telecommunications companies and servicesMinnesotaÕs Telecommunications Regulatory Policy TACIP (Telecommunications Access for Communication Impaired Persons)The following two programs administered by the DOC utilize Òcommunication specialistsÓ to transliterate telephone conversations between hearing or speech impaired individuals and other non-impaired individuals. Minnesota Relay Service (for hearing impaired): 800-627-3529Speech-to-Speech (for speech impaired): 877-627-3848 Minnesota Department of Commerce133 East Seventh StreetSt Paul, MN 55101-2333www.commerce.sta