If you own both a car and a cell phone, chances are you’re one of millions of Americans who regularly engage in talking on the cell phone while driving. So what happens if you’re caught in a state where that is illegal? Will a ticket for talking on the phone increase insurance rates? In simple terms, yes. But how high your rates will go, and under what conditions they’re imposed, differs from state to state and policy to policy.
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There are eight states, including New York and California, where the use of any hand-held devices while driving is completely banned. While you may still talk on the phone if you’re using a hands-free device, any tickets incurred in these states will almost certainly result in increased auto insurance rates.
Additionally, 28 states ban all cell phone use among new drivers and assess significant fines for doing so. These drivers will also see increased insurance rates if they receive a ticket.
How does a ticket for talking on the phone relate to the point system?
Many states keep track of moving violations by employing a point system. These point systems either begin at zero and count up, or start at a predetermined level and count down. Every moving violation applied to your license either adds or subtracts points accordingly. Where the car insurance company is concerned, the record of those point-inducing violations will usually remain attached to policy for three to five years. The different states vary in terms of the time points are left on a license.
Since a ticket for talking on the phone is considered a moving violation, it will add or subtract points on your license. Point levels vary among the states, but two or three per infraction is about average across the country.
Many car insurance companies assign higher rates based on a point threshold. In other words, a rate increase may not kick in until you reach a five point threshold, allowing you two tickets for talking on the phone before your rates go up. Obviously, one ticket for talking on the phone combined with another for speeding will push you over the threshold.
In states where a point system is not used insurance companies will simply look at every individual violation on a case-by-case basis. You may have your policy with a company gracious enough to forgive the first one or two violations. Then again, depending on your age and driving history, you may also have your policy with a company unwilling to show any mercy. The first ticket for talking on the phone may increase your insurance rates substantially.
What if I can successfully plea down my ticket?
In many states it is possible to challenge talking while driving tickets in court. Depending on the leniency of a particular judge, you may be able to get your ticket reduced to a less serious violation which won’t have such an adverse affect on your insurance policy. In fact, there are many insurance groups and lawyers that advocate this sort of thing. Yet, while it may be good for your bank account it doesn’t really address the issue at hand.
Having your ticket reduced to a less serious violation doesn’t change the fact that you were still talking on the phone while driving. Thankfully, there are states where officers may issue tickets for talking on the phone even if no other traffic infractions have occurred. In these states you’re a lot less likely to be able plea down, because there was nothing else involved. Such drivers are the most likely to see immediate insurance rate increases after receiving a ticket for talking on the phone.
What if talking on the phone caused me to have an accident?
Moving violations are one thing, but accidents which result in a car insurance claim against an insurance company are another. Accidents will almost always cause an increase in your insurance rates for obvious reasons. If your accident was caused by talking on a cell phone then that will be taken into account when the insurance company recalculates your premiums. Future tickets for talking on the phone will be taken seriously every time your rates are recalculated for a new policy period.
Talking on the phone while driving is distracting and should be avoided at all costs. If you live in a state that bans the use of hand-held cell phones while behind the wheel, you should either get a headset for your phone or simply shut it off while you’re in the car. Even where cell phone use is permitted with a hands-free device, drivers should still consider keeping the cell phone turned off and out of reach. The fewer distractions we have behind the wheel, the safer we will all be.
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