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ISS-012EC4E1ClosedRegulations

NYS DMV Motor Vehicle Records (MVRs) Are Reporting Accidents to Vehicle Owners Instead of Drivers

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The problem

There appears to have been a change in the way New York State Motor Vehicle Records (MVRs) report accidents. Accidents involving a vehicle are now appearing on the MVR of the registered owner, even when the registered owner was not operating the vehicle at the time of the accident. This is creating widespread confusion throughout the transportation and insurance industries. Insurance companies, employers, brokers, and other organizations rely on MVRs to evaluate an individual's driving history. When accidents are associated with the vehicle owner rather than the actual driver, the MVR no longer accurately reflects that person's driving record. This issue particularly affects fleet owners, TLC/FHV vehicle owners, leasing companies, businesses, and families where multiple drivers operate the same vehicle.

Why this is a problem

Motor Vehicle Records should represent an individual's driving history—not the accident history of every vehicle they own. The current reporting practice may: Cause insurance underwriters to incorrectly surcharge or decline applicants. Require brokers to spend significant time explaining accidents that the record holder did not cause or was not involved in as a driver. Create an inaccurate picture of an individual's driving experience. Harm commercial fleet owners who may own dozens or hundreds of vehicles driven by different operators. Affect employment decisions where employers review applicants' MVRs. Increase administrative costs for brokers, insurers, employers, and DMV personnel. The inability to distinguish between the registered owner and the actual driver undermines the reliability of Motor Vehicle Records as a tool for evaluating driver risk.

Proposed solution

The New York State DMV should review its current accident reporting methodology and clearly distinguish between: Registered Owner Vehicle Operator (Driver) At-Fault Driver (where applicable) Motor Vehicle Records intended to evaluate a driver's history should report accidents involving the individual as the operator, not merely as the owner of the vehicle. If ownership information must be retained, it should be displayed separately and clearly labeled so insurers, employers, and other users understand that the record holder was not necessarily the driver involved in the accident. The DMV should also publish formal guidance explaining how accident information is reported and how insurers and other organizations should interpret these records. FHTIA is collecting examples of Motor Vehicle Records where accidents involving vehicles owned—but not driven—by the record holder have resulted in underwriting issues, premium increases, policy declines, or other adverse consequences. Members with documented examples are encouraged to support this issue and submit anonymized evidence to help advance discussions with the NYS DMV and state legislators.

dmvmvrunderwritingregulations

Supporting documents

  • NYS DMV - MVR Position Paper & Petition.pdfOpen

Discussion

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