38.2-1905 - Motor vehicle insurer not to charge points or increase premiums in certain instances.
§ 38.2-1905. Motor vehicle insurer not to charge points or increase premiumsin certain instances.
A. No insurer may increase its insured's premium or may charge points under asafe driver insurance plan to its insured as a result of a motor vehicleaccident unless the accident was caused either wholly or partially by thenamed insured, a resident of the same household, or other customary operator.No insurer may increase its insured's premium or may charge points to itsinsured where the operator causing the accident is a principal operatorinsured under a separate policy. Any insurer increasing a premium or chargingpoints as a result of a motor vehicle accident shall notify the named insuredin writing and in the same notification shall inform the named insured thathe may appeal the decision of the insurer to the Commissioner if he feels hispremium has increased or he has been charged points as a result of a motorvehicle accident without just cause.
B. An appeal of a premium increase or of a point charge by the named insuredshall be requested in writing within sixty days of receipt of the notice ofany premium adjustment or of any point charge resulting from a motor vehicleaccident. Upon receipt of the request, the Commissioner shall promptlyinitiate a review to determine whether the premium increase or the pointcharge is justified. The premium increase or the point charge shall remain infull force and effect until the Commissioner rules that the premium beadjusted or the point charge be removed because it is not justified, orbecause the point charge was not assigned in accord with the insurer's filedrating plan, and so notifies the insurer and the insured. Upon receipt of theruling, the insurer shall promptly refund any premiums paid as a directresult of the premium increase or the point charge, and shall adjust futurebillings to reflect the Commissioner's ruling.
C. On and after January 1, 1991, no insurer shall assign points under asafe-driver insurance policy to any vehicle other than the vehiclecustomarily driven by the operator responsible for incurring points.
D. If an insured is a law-enforcement officer, as defined in § 9.1-101, noinsurer may increase such insured's personal insurance premium or may chargepoints under a safe driver insurance plan to such insured as a result of anaccident which occurred in the course of the insured's employment as alaw-enforcement officer while the insured was driving a motor vehicleprovided by the employing law-enforcement agency and was engaged in alaw-enforcement activity at the time of such accident.
(1981, c. 243, § 38.1-279.33:1; 1986, c. 562; 1990, cc. 275, 960; 1994, c.925.)