III - What are the driving laws in my state?

AUTO INSURANCE INFORMATION

What are the driving laws in my state?

AUTOMOBILE FINANCIAL RESPONSIBILITY LAWS

Most states require car owners to buy a minimum amount of bodily injury and property damage liability insurance before they can legally drive their cars. All states have financial responsibility laws. This means that people involved in an automobile accident will be required to furnish proof of financial responsibility up to certain minimum dollar limits. To comply with financial responsibility laws, most drivers purchase automobile liability insurance. The insurance industry and consumer groups generally recommend a minimum of $100,000 of bodily injury protection per person and $300,000 per accident since accidents may cost far more than the minimum limits mandated by most states.

The chart below shows mandatory requirements for bodily injury (BI), physical damage (PD) liability, no-fault personal injury protection (PIP), and uninsured (UM) and underinsured (UIM) motorists coverage. It also indicates which states have only financial responsibility (FR) laws.

AUTOMOBILE FINANCIAL RESPONSIBILITY LIMITS BY STATE

State	Insurance required	Minimum liability limits (1)
Alabama	BI & PD Liab	20/40/10
Alaska	BI & PD Liab	50/100/25
Arizona	BI & PD Liab	15/30/10
Arkansas	BI & PD Liab, PIP	25/50/25
California	BI & PD Liab	15/30/5 (2)
Colorado	BI & PD Liab	25/50/15
Connecticut	BI & PD Liab, UM, UIM	20/40/10
Delaware	BI & PD Liab, PIP	15/30/10
D.C.	BI & PD Liab, UM	25/50/10
Florida	PD Liab, PIP	10/20/10 (3)
Georgia	BI & PD Liab	25/50/25
Hawaii	BI & PD Liab, PIP	20/40/10
Idaho	BI & PD Liab	25/50/15
Illinois	BI & PD Liab, UM	20/40/15
Indiana	BI & PD Liab	25/50/10
Iowa	BI & PD Liab	20/40/15
Kansas	BI & PD Liab, PIP, UM	25/50/10
Kentucky	BI & PD Liab, PIP	25/50/10
Louisiana	BI & PD Liab	10/20/10
Maine	BI & PD Liab, UM, UIM	50/100/25 (4)
Maryland	BI & PD Liab, PIP (5), UM	20/40/15
Massachusetts	BI & PD Liab, PIP, UM	20/40/5
Michigan	BI & PD Liab, PIP	20/40/10
Minnesota	BI & PD Liab, PIP, UM, UIM	30/60/10
Mississippi	BI & PD Liab	25/50/25
Missouri	BI & PD Liab, UM	25/50/10
Montana	BI & PD Liab	25/50/10
Nebraska	BI & PD Liab	25/50/25
Nevada	BI & PD Liab	15/30/10
New Hampshire	FR only, UM	25/50/25
New Jersey	BI & PD Liab, PIP, UM	15/30/5 (6)
New Mexico	BI & PD Liab	25/50/10
New York	BI & PD Liab, PIP, UM	25/50/10 (7)
North Carolina	BI & PD Liab	30/60/25
North Dakota	BI & PD Liab, PIP, UM	25/50/25
Ohio	BI & PD Liab	12.5/25/7.5
Oklahoma	BI & PD Liab	25/50/25
Oregon	BI & PD Liab, PIP, UM	25/50/10
Pennsylvania	BI & PD Liab, PIP	15/30/5
Rhode Island	BI & PD Liab, UM	25/50/25 (3)
South Carolina	BI & PD Liab, UM	25/50/25
South Dakota	BI & PD Liab, UM	25/50/25
Tennessee	BI & PD Liab	25/50/10 (3)
Texas	BI & PD Liab	25/50/25*
Utah	BI & PD Liab, PIP	25/50/15 (3)
Vermont	BI & PD Liab, UM, UIM	25/50/10
Virginia	BI & PD Liab, UM	25/50/20
Washington	BI & PD Liab	25/50/10
West Virginia	BI & PD Liab, UM	20/40/10
Wisconsin	FR only, UM	25/50/10
Wyoming	BI & PD Liab	25/50/20
(1) The first two numbers refer to bodily injury liability limits and the third number to property liability. For example, 20/40/10 means coverage up to $40,000 for all persons injured in an accident, subject to a limit of $20,000 for one individual, and $10,000 coverage for property damage. (2) Low-cost policy limits for low-income drivers in the California Automobile Assigned Risk Plan are 10/20/3. (3) Instead of policy limits, policyholders can satisfy the requirement with a combined single limit policy. Amounts vary by state. (4) In addition, policyholders must also carry at least $1,000 for medical payments. (5) May be waived for the policyholder but is compulsory for passengers. (6) Basic policy (optional) limits are 10/10/5. Uninsured and underinsured motorist coverge not available under the basic policy but uninsured motorist coverage is required under the standard policy. (7) In addition, policyholders must have 50/100 for wrongful death coverage. *Minimum coverage requirements will increase to 30/60/30 on January 1, 2011. Source: Property Casualty Insurers Association of America; state departments of insurance.

STATE AUTO INSURANCE LAWS GOVERNING LIABILITY COVERAGE

	First-party benefits		Restrictions on lawsuits		Thresholds for lawsuits
“True” no-fault	Compulsory	Optional	Yes	No	Monetary	Verbal
Florida	X		X			X
Hawaii	X		X		X
Kansas	X		X		X
Kentucky	X		X	X (1)	X (1)
Massachusetts	X		X		X
Michigan	X		X			X
Minnesota	X		X		X
New Jersey	X		X	X (1)		X (1), (2)
New York	X		X			X
North Dakota	X		X		X
Pennsylvania	X		X	X (1)		X (1)
Utah	X		X		X
Puerto Rico	X		X		X

Add-on
Arkansas		X		X
Delaware	X			X
D.C.		X	X (3)	X (3)
Maryland	X			X
New Hampshire		X		X
Oregon	X			X
South Dakota		X		X
Texas		X		X
Virginia		X		X
Washington		X		X
Wisconsin		X		X
(1) “Choice” no-fault state. Policyholder can choose a policy based on the no-fault system or traditional tort liability. (2) Verbal threshold for the Basic Liability Policy, the Special Policy and the Standard Policy where the policyholder chooses no-fault. The Basic and Special Policies contain lower amounts of coverage. (3) The District of Columbia is neither a true no-fault nor add-on state. Drivers are offered the option of no-fault or fault-based coverage, but in the event of an accident a driver who originally chose no-fault benefits has 60 days to decide whether to receive those benefits or file a claim against the other party. Source: American Insurance Association.

In the following 28 states auto liability is based on the traditional tort liability system. In these states, there are no restrictions on lawsuits:

Alabama
Alaska
Arizona
California
Colorado
Connecticut
Georgia
Idaho
Illinois
Indiana
Iowa
Louisiana
Maine
Mississippi
Missouri
Montana
Nebraska
Nevada
New Mexico
North Carolina
Ohio
Oklahoma
Rhode Island
South Carolina
Tennessee
Vermont
West Virginia
Wyoming

SEAT-BELT LAWS

Only 26 states and the District of Columbia have a primary seat-belt enforcement law, which allows law enforcement officers to stop a car for noncompliance with seat-belt laws. The other states have secondary laws; officials can only issue seat-belt violations if they stop motorists for other infractions. New Hampshire is the only state that does not have a seat-belt law that applies to adults.

Seat-belt use reached 82 percent nationwide in 2007, a slight gain from 81 percent use in 2006. States with primary seat-belt laws had an average 87 percent usage rate, versus 73 percent in states with secondary laws.

STATE SEAT-BELT USE LAWS

State	2006 usage rate (1)	Primary/secondary enforcement (2)	Requirements	Maximum fine, first offense	Damages reduced (3)
Alabama	82.9%	P	15+ yrs. in front seat	$25
Alaska	83.2	P	16+ yrs. in all seats	15	X
Arizona	NA	S	5+ yrs. in front seat; 5-15 in all seats	10	X
Arkansas	69.3	S	15+ yrs. in front seat	25
California	93.4	P	16+ yrs. in all seats	20	X
Colorado	80.3	S	16+ yrs. in front seat	15	X
Connecticut	83.5	P	7+ yrs. in front seat	15
Delaware	86.1	P	16+ yrs. in all seats	25
D.C.	85.4	P	16+ yrs. in all seats	50
Florida	NA	S	6+ yrs. in front seat; 6-17 yrs. in all seats	30	X
Georgia	NA	P	6-17 yrs. in all seats; 18+ yrs. in front seat	15
Hawaii	92.5	P	8-17 yrs. in all seats; 18+ yrs. in front seat	45
Idaho	79.8	S	7+ yrs. in all seats	25
Illinois	87.8	P	16+ yrs. in front seat; 18 yrs. and younger in all seats if driver is younger than 18 yrs.	25
Indiana	84.3	P	16+ yrs. in all seats	25
Iowa	89.6	P	11+ yrs. in front seat	25	X
Kansas	73.5	(4)	14-17 yrs. in all seats; 18+ yrs. in front seat	60	X
Kentucky	67.2	P	more than 40 in. in all seats	25
Louisiana	74.8	P	13+ yrs. in front seat	25
Maine	77.2	P	18+ yrs. in all seats	50
Maryland	NA	P	16+ yrs. in front seat	25
Massachusetts	66.9	S	12+ yrs. in all seats	25
Michigan	94.3	P	4+ yrs. in front seat; 4-15 yrs. in all seats	25	X
Minnesota	83.3	S	all in front seat; 3-10 yrs. in all seats	25
Mississippi	73.6	P	4-7 yrs. in all seats; 8+ yrs. in front seat	25
Missouri	75.2	(4)	16+ yrs. in front seat	10	X
Montana	79.0	S	6+ yrs. in all seats	20
Nebraska	76.0	S	18+ yrs. in front seat	25	X
Nevada	NA	S	6+ yrs. in all seats	25
New Hampshire	NA	S
New Jersey	90.0	P	7 yrs. and younger but more than 80 lbs.; 8-17 yrs. in all seats; 18+ yrs. in front seat	20	X
New Mexico	89.6	P	18+ yrs. in all seats	25
New York	83.0	P	16+ yrs. in front seat	50	X
North Carolina	88.5	P	16+ yrs. in all seats	25
North Dakota	79.0	S	18+ yrs. in front seat	20	X
Ohio	81.7	S	4-14 yrs. in all seats; 15+ yrs. in front seat	30 driver/20 passenger	X
Oklahoma	83.7	P	13+ yrs. in front seat	20
Oregon	94.1	P	16+ yrs. in all seats	75	X
Pennsylvania	NA	S	8-17 yrs. in all seats; 18+ yrs. in front seat	10
Rhode Island	NA	(4)	13+ yrs. in all seats	57
South Carolina	72.5	P	6+ yrs. in front seat; 6+ yrs. in rear seat with shoulder belt	25
South Dakota	71.3	S	18+ yrs. in front seat	20
Tennessee	78.6	P	16+ yrs. in front seat	50
Texas	90.4	P	4 yrs. and younger but 36 inches or more; 5-16 yrs. in all seats; 17+ yrs. in front seat	200
Utah	88.6	(4)	16+ yrs. in all seats	45
Vermont	82.4	S	16+ yrs. in all seats	25
Virginia	78.7	S	16+ yrs. in front seat	25
Washington	96.3	P	16+ yrs. in all seats	37
West Virginia	NA	S	8+ yrs. in front seat; 8-17 yrs. in all seats	25	X
Wisconsin	75.4	S	8+ yrs. in all seats	10	X
Wyoming	63.5	S	9+ yrs. in all seats	25 driver/10 passenger
United States	81.0%
(1) Surveys used by states must be actual observation of shoulder-belt use by drivers and front seat passengers. (2) Primary enforcement means police may stop a vehicle and issue a fine for noncompliance with seat-belt laws. Secondary enforcement means that police may issue a fine for not wearing a seat-belt only if the vehicle has been stopped for other traffic violations. (3) Court awards for compensation for injury may be reduced if seat-belt laws were violated. (4) Primary enforcement for children; ages vary. NA=Data not available. Source: National Highway Traffic Safety Administration, U.S. Department of Transportation; Insurance Institute for Highway Safety.

DRUNK DRIVING LAWS

As of 2004 every state and the District of Columbia had lowered the limit defining drunk driving from 0.10 BAC (blood-alcohol content) to 0.08.

STATE LAWS CURBING DRUNK DRIVING

	License revocation
State	Admin. Iicense rev./ susp. (1)	Manda-tory 90-day license rev./ susp. (2)	Open con-tainer law (3)	Prelim. breath test permit-ted by law	DWI plea bargain-ing prohib-ited
Alabama	X	X	X
Alaska	X	X	X (4)	X
Arizona	X	X	X	X	X
Arkansas	X	X			X
California	X	X	X	X	X
Colorado	X	X	X	X	X
Connecticut	X	X
Delaware	X	X		X
D.C.	X	X	X	X
Florida	X	X	X	X	X (5)
Georgia	X	X	X
Hawaii	X	X	X	X (5)
Idaho	X	X	X
Illinois	X	X	X	X
Indiana	X	X	X	X (5)
Iowa	X	X	X	X
Kansas	X		X (4)	X	X
Kentucky			X	X	X (5)
Louisiana	X	X	X
Maine	X	X	X
Maryland	X		X	X
Massachusetts	X	X	X
Michigan			X	X	X (5)
Minnesota	X	X	X	X
Mississippi	X	X		X	X
Missouri	X			X
Montana			X	X
Nebraska	X	X	X	X
Nevada	X	X	X	X	X
New Hampshire	X	X	X	X
New Jersey			X		X (6)
New Mexico	X	X	X		X (5)
New York	(7)		X	X	X
North Carolina	X		X	X (5)
North Dakota	X	X	X	X
Ohio	X	X	X
Oklahoma	X	X	X (4)
Oregon	X	X	X		X
Pennsylvania			X	X	X (5)
Rhode Island			X (4)	X
South Carolina			X
South Dakota			X	X
Tennessee			X (4)
Texas	X	X	X
Utah	X	X	X		X (5)
Vermont	X	X	X	X
Virginia	X			X
Washington	X	X	X
West Virginia	X	X		X
Wisconsin	X	X	X	X
Wyoming	X	X	X (4)		X
(1) On-the-spot drivers license suspension or revocation if BAC is over the legal limit or the driver refuses to take a BAC test. (2) Mandatory penalty for violation of the implied consent law, which means that drivers who refuse to take a breath alcohol test when stopped or arrested for drunk driving will have their license revoked or suspended. (3) Prohibits unsealed alcohol containers in motor vehicle passenger compartments for all occupants. Arresting officer not required to witness consumption. (4) Applies only to the driver. (5) With limitations or conditions. (6) Not specifically for drunk driving; Attorney General has established a no plea bargain policy. (7) Administrative license suspension lasts until prosecution is complete. Source: U.S. Department of Transportation, National Highway Traffic Safety Administration; Insurance Institute for Highway Safety; Property Casualty Insurers Association of America; Insurance Information Institute.

All states and the District of Columbia have adopted 21 as the legal drinking age.
All states have more stringent restrictions for drivers under the age of 21, ranging from zero tolerance to a limit of 0.02 BAC.
A death is considered alcohol-related when any person involved in the accident had some measure of alcohol in his or her blood, even if it was below the legal limit.
There is an alcohol-related traffic death in the United States every 30 minutes and an injury every 2 minutes.
In 2006, 17,602 traffic deaths were alcohol-related, up slightly from 17,590 in 2005.
In 2006, 41 percent of all traffic fatalities were alcohol-related, up from 40 percent in 2005.
A major factor in the long-term downward trend in alcohol-related fatalities is the enactment, beginning in the 1980s, of state laws designed to deter drunk driving such as:

- Requiring persons to be at least 21 years old before they can purchase alcohol

- Mandatory drivers license revocation when a driver’s BAC level is above the state’s legal limit

- Lowering the legal BAC level to 0.08

- Prohibiting open containers of alcoholic beverages in motor vehicles

- Increasing measures to prevent underage drivers from obtaining alcohol

- Canceling the vehicle registration of drivers who have had their licenses suspended or revoked due to alcohol-related offenses

- Instituting sobriety checkpoints

OLDER DRIVERS

“Older” drivers (age 70 and above) have higher rates of fatal crashes, based on estimated annual travel, than any other group except drivers under the age of 21, according to the U.S. Department of Transportation, in part because they are less likely to survive the trauma of an accident. Recognizing the higher fatality rates and the need for older drivers to retain their mobility and independence, some states issue restricted licenses. Depending on ability, older drivers may be limited to driving during daylight hours or on nonfreeway types of roads. In most states, restrictions such as these can be placed on anyone’s drivers license, regardless of age, if his or her medical condition warrants it.

STATE DRIVERS LICENSE RENEWAL LAWS INCLUDING REQUIREMENTS FOR OLDER DRIVERS

	Require retest for renewals at all ages (1)			Age at which states require older drivers to pass tests
State	Vision	Road	Know- ledge	Vision	Road	Know- ledge	Medical	Require doctors to report medical conditions (2)	Age limits on mail renewal
Alabama
Alaska	X	(3)	X						69
Arizona	X	(3)		65					70
Arkansas	X
California	X	(3)	X					X (4)	70
Colorado	X	(3)	(3)						61
Connecticut				65					65
Delaware		(3)	(3)	(3)	(3)	(3)	(3)	X
D.C.				70	75	75	70
Florida	X	(3)	(3)	80					(5)
Georgia	X							X	64
Hawaii	X	(3)			(3)	(3)	(3)
Idaho	X	(3)
Illinois	X		X		75
Indiana							(3)
Iowa		(3)	(3)
Kansas	X	(3)	X
Kentucky		(3)
Louisiana	X	(3)	X	70					70
Maine				40, 62
Maryland	X	(3)	(3)	40			(3)
Massachusetts
Michigan	X	(3)	X
Minnesota	X		X
Mississippi		(3)	(3)
Missouri	X
Montana	X	(3)							(5)
Nebraska	X	(3)	(3)
Nevada	X	(3)	(3)	65			70	X	(6)
New Hampshire	X				75
New Jersey	X							X
New Mexico
New York		(3)	(3)
North Carolina	X	(3)	X
North Dakota	X	(3)	(3)
Ohio	X	(3)	(3)
Oklahoma	X
Oregon				50				X
Pennsylvania				45			45	X
Rhode Island	X	(3)
South Carolina	X	(3)	(3)	65
South Dakota	X
Tennessee
Texas	X			85					79
Utah	X	(3)	(3)	65				X
Vermont
Virginia	X		(3)	80
Washington	X	(3)	(3)
West Virginia								X
Wisconsin		(3)
Wyoming	X	(3)	(3)
(1) Periodic retests. Some states will waive vision retests for mail renewal or clean-record drivers. Most states require medical tests at application and renewal for certain medical conditions or after a certain number of accidents. (2) Physicians must report physical conditions that might impair driving skills. (3) Retesting only for cause, e.g., after specific number of accidents or other points and infractions, for specific physical conditions; sometimes at examiner’s discretion. (4) Specifically requires doctors to report a diagnosis of dementia. (5) Only two successive renewals may be made electronically or by mail, regardless of age. (6) All drivers must renew in person every 8 years. Note: Specific requirements vary by state; contact state department or motor vehicles for more information. Source: U.S. Department of Transportation, Federal Highway Administration; AARP; American Automobile Association; American Association of Motor Vehicle Administrators; Insurance Institute for Highway Safety.

YOUNG DRIVER LAWS

Young drivers account for a disproportionate number of motor vehicle crashes. States are increasingly adopting laws to help lower the crash rate. One approach has been to lower blood alcohol content (BAC) limits so those young drivers who drink even small amounts of alcohol will be penalized. Another has been to require a more rigorous learning period before granting young drivers the privilege of a drivers license. This requires young drivers between the ages of 15 and 18 to apply for a graduated drivers license (GDL) to help them improve their driving skills and habits before receiving full driving privileges.

Graduated licensing as defined by the National Highway Traffic Safety Administration consists of three stages. Some of the requirements and recommendations included in Stage 1 (learners permit) are a vision test, a road knowledge test, driving accompanied by a licensed adult, safety-belt use by all vehicle occupants, a zero BAC level, and six months with no crashes or convictions for traffic violations. Stage 2 (intermediate license) includes the completion of Stage 1, a behind-the-wheel road test, advanced driver education training, driving accompanied by a licensed adult at night, and 12 consecutive months with no crashes or convictions for traffic offenses before reaching Stage 3 (full license).

Motor vehicle crashes are the leading cause of death among 15- to 20-year olds.
Among licensed drivers, motorists between the ages of 15 and 20 have the highest rate of fatal crashes relative to other age groups, including the elderly.

STATE YOUNG DRIVER LAWS (1)

	Graduated licensing (2)
State	Learners permit required for a minimum period	Intermediate or provisional license required	Restrictions on night driving (3)	Passenger restrictions (4)	Driver may not operate a cell phone in learner and/or intermediate stages
Alabama	6 months	X	X	X
Alaska	6 months	X	X	X
Arizona	6 months*	X*	X*	X*
Arkansas	6 months	X
California	6 months	X	X	X	X (5)*
Colorado	12 months	X	X	X	X
Connecticut	6 months	X	X	X	X (5)
Delaware	6 months	X	X	X	X
D.C.	6 months	X	X	X	X (5)
Florida	12 months	X	X
Georgia	12 months	X	X	X
Hawaii	6 months	X	X	X
Idaho	6 months	X	X	X
Illinois	9 months	X	X	X	X
Indiana	2 months	X	X	X
Iowa	6 months	X	X
Kansas	6 months