Can insurance companies use driving records older than 3 yrs?

DucatiHoney

Administrator
Staff member
We're with State Farm, who, like many, offer a substantial discount on their premiums if you have a relatively clean record for X number of years. The timing here is important. So hubby got a ticket for speeding three+ years ago. No biggie. They happen. We couldn't get out of it, but time moves on, and his record is cleared with the DMV again. Several months ago, he's again on his way to work on the bike, and there's construction in our neighborhood. There are signs and piles of dirt everywhere and he mistakenly goes down a road that's been temporarily shut down. There's a cop parked there and hubby racks up another ticket. He went to court to fight it, saying that it wasn't clearly marked, yada, yada. The judge didn't rule immediately, saying she needed to think about it.

The next we hear about this is from State Farm, who is calling my husband to "discuss his record." Apparently the judge ruled against him. By State Farm's measure, he now has two moving violations on his record, despite one of those being older than 3 years. The DMV doesn't show it exists anymore, but State Farm uses records for the past 6 years to give the good driver discount. We've pulled up CVC stuff, and it reads to us like this is not legal. State Farm is currently reviewing things and haven't yanked his good driver discount. I've gotten letters from State Farm in the past indicating that I would be receiving a refund on premiums for prior practices that were deemed illegal, so I'm kind of wondering if we've stumbled onto another one of these.

Just to recap: we're not fighting the ticket. That's water under the bridge. We're wondering if the insurance company's practices sound right or consistent with other people's understanding of them.
 

Smash Allen

Banned
Anecdotal evidence, but my wife had a ticket on her record that State Farm didn't know about when we first signed up. A few months later they let us know that because it was within three years they had to pull her good driver discount. About six months after that on the next premium renewal the good driver was added back because three years had passed. Six years seems ridiculous for a regular moving violation :wow
 

NorCalBusa

Member #294
Ask State Farm about it, including what allows them to do so, is it new, how do you get the policy back in good graces most quickly, etc.
 

DucatiHoney

Administrator
Staff member
Anecdotal evidence, but my wife had a ticket on her record that State Farm didn't know about when we first signed up. A few months later they let us know that because it was within three years they had to pull her good driver discount. About six months after that on the next premium renewal the good driver was added back because three years had passed. Six years seems ridiculous for a regular moving violation :wow

That was our take, but they say that they can go beyond what DMV keeps track of. Their position is that their interpretation of the law doesn't say that they can't do what they're doing.

Ask State Farm about it, including what allows them to do so, is it new, how do you get the policy back in good graces most quickly, etc.

We've done this. See above. It's not new to them, but it's new to us. Apparently DMV reports convictions for moving violations to our insurance carrier. Twice before they've reported us as having convictions that were later overturned. Needless to say, State Farm got their back up a little bit over this most recent matter and have pulled out the "we've had this discussion before", to which replied--yes, and you were in the wrong both times. And none of it has anything to do with the current issue. We're not saying that the ticket wasn't valid (anymore). We've lost that battle. We're just flabbergasted at the 6 year thing.
 

planegray

Redwood Original
Staff member
Here's what I did the last time my insurance company tried shenanigans with me;

my agent: "oh look, there's a six year old ticket that we're still going to count against you"

me: " :wtf " Ok, talk later

me: dialing sales number on website.. "Hello, yes, I'm shopping for insurance and I'd like to know how many years your company goes back to determine my history"

salesperson: " oh hi, we only go back 3 years and we'd really like to have your business"

me: "thanks, and what's your name and direct phone number please please ? "

salesperson: "no problem, we really want your business, I'm Wanda, phone number XXX "

me, calling MY agent; "hello, why are you going back six years for my history ? "

my agent: "uh, policy, blah blah , no choice, blah blah"

me: "policy ? well Wanda at your home office just informed that policy is only 3 years, would you like her phone number to verify that "

my agent: "uh, oh, um, nevermind"

Then I changed companies... fuckers :mad
 

DucatiHoney

Administrator
Staff member
iiiiiiiiinteresting. We'll try this, Stephen.

Who did you end up switching to by the way. We're considering taking our biz elsewhere regardless of the outcome--if nothing else, just to have some change in our lives. We've been with the same insurance company for 20 years...
 

afm199

Well-known member
iiiiiiiiinteresting. We'll try this, Stephen.

Who did you end up switching to by the way. We're considering taking our biz elsewhere regardless of the outcome--if nothing else, just to have some change in our lives. We've been with the same insurance company for 20 years...

Any military in the family? USAA is good.
 

splat

Well-known member
I wish my car insurance company did motorcycles, too. : |

However it is my understanding that must violation cannot be held against you past three years (obviously there are exceptions, DUI, reckless, evading, vehicular manslaughter etc)
 

Sticka

I am the Stig
Progressive suck when you have a claim.
I use foremost. I have not had a claim but their rates are very reasonable.
 

NorCalBusa

Member #294
We've done this. See above. It's not new to them, but it's new to us. Apparently DMV reports convictions for moving violations to our insurance carrier. Twice before they've reported us as having convictions that were later overturned. Needless to say, State Farm got their back up a little bit over this most recent matter and have pulled out the "we've had this discussion before", to which replied--yes, and you were in the wrong both times. And none of it has anything to do with the current issue. We're not saying that the ticket wasn't valid (anymore). We've lost that battle. We're just flabbergasted at the 6 year thing.

So shop your business. Nothing says, "Fuck me?? Fuck you!" like customers going elsewhere. Its the ultimate high powered opinion poll.
 

planegray

Redwood Original
Staff member
Progressive suck when you have a claim.
I use foremost. I have not had a claim but their rates are very reasonable.

anecdotal

as I mentioned, they've treated ME well ;)

(had a few "no fault" boo boos that were handled with no problems )
 

bojangle

FN # 40
Staff member
I'm not aware of a specific law. Looks like they're doing it because they can. Being a current customer, they have a file that includes the previous driving record they pulled from DMV, even though that conviction no longer shows up on the current record.

Tell them you will shop around and change companies if they are going to use an old conviction like that. Any new company won't have access to that old conviction (only the current one). If you can't get them to budge, cancel the policy and leave.

So shop your business. Nothing says, "Fuck me?? Fuck you!" like customers going elsewhere. Its the ultimate high powered opinion poll.

This! ^^^ :thumbup
 

Smash Allen

Banned
You would think that being a customer for so long would garner some goodwill, but no. They use the long history of your account against you, charging you more only because you've been with them for so long that they have that history. Shit, if accident records fall off and are unavailable to insurers after three years then the insurer should continue to drop rates as the customer's account gets older than three years, providing them with more accurate and predictable claims :wtf :wow
 

Shaggy

Zoinks!!!!
Even if you want to stay with State Farm, it might not hurt to shop for another agent. I've had very different experiences with different State Farm agents.
 

Alan_Hepburn

Well-known member
Any military in the family? USAA is good.

We looked into USAA when we bought the Goldwing - we've been with Geico since about 2006, through 4 bikes. When we bought the Goldwing we looked at USAA and for identical coverage USAA wanted twice as much as Geico...

We stayed with Geico!
 

Whodat

200k mile club
USAA quit doing bikes and farms it out now. I'm grandfathered in and they're great. My kid got a quote for a new policy and it was terrible. They're still good for everything else though.
 

DucatiHoney

Administrator
Staff member
We went with another agent several years ago and that was a night and day change from the prior one. This agent is perfectly decent, and I realize that he has a company to answer to, but I also felt that my long-time standing with them is working against me, which seems to be the opposite of what it should be. Someone who has only been with them for three years wouldn't be having this trouble. Seems a little unfair. We've started getting prices elsewhere. Thanks all for the input. I thought it was going to be more of a legal question than a business practices one, but it seems it's the latter. Oh well...
 
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