Do Cell Phone Tickets Affect Insurance? Yes, Here's How - Assurance IQ (2024)

Will My Insurance Rates Increase if I Get a Cell Phone Ticket?

Cell phone violations, including texting and driving tickets, can raise your insurance rates by as much as 45%, depending on your location. While penalties vary by state, all jurisdictions agree on the dangers of distracted driving, which claimed more than 3,100 lives in the U.S. in 2020.

Text messaging while driving is illegal in 48 states, excluding Michigan and Montana, though Michigan still imposes a point-based penalty system for texting and driving tickets. States that ban distracted driving impose different penalties based on their location. Likewise, insurers raise rates for distracted driving tickets according to a policyholder’s history, habits, and risk potential.

Table of Contents

How Dangerous Is Distracted Driving?

According to recent reports, nine people were killed in accidents involving a distracted driver in the U.S. every day in 2019. Many states continue to update their laws regarding tickets for texting and driving to reflect these and other related statistics, with some states banning the use of handheld devices entirely while driving. In turn, insurance rates increase by an average of 23% after a cell phone ticket.

How Do Cell Phone Tickets Work?

When a driver gets a cell phone ticket in a state that imposes a ban on texting and driving or using handheld devices behind the wheel, they may receive points on their driving record, which are reported to their insurance company.

Do All Insurers Raise Rates For Cell Phone Tickets?

Insurers in states with lenient policies for traffic violations involving distracted driving may be less likely to raise rates for those customers. Conversely, states that impose strict laws around tickets for texting and driving or using a cell phone while driving enable local insurers to increase their rates drastically. Insurers may not consider this a moving violation and, if no points are assigned, avoid raising rates altogether.

How Much Will a Cell Phone Ticket Raise My Insurance Rates?

The exact amount your rates will increase due to a cell phone ticket depends on your age, location, vehicle, and driving history. Insurers widely acknowledge the practice of raising insurance premiums commensurate to increased distracted driving cases. Insurers charge 20% higher rates today than in 2011, when a distracted driving ticket raised rates by only .2%.

Most states assign fines of varying amounts for the unlawful use of handheld phones while driving or texting and driving. In some states, insurers may only raise rates for drivers who receive a 2nd or 3rd distracted driving ticket. Drivers in Maryland, Nevada, New Jersey, New York, West Virginia, and Vermont can be penalized with points on their driving record for cell phone tickets. Drivers with multiple points could pay up to 80% more for car insurance.

Insurers in California, Florida, and Rhode Island raise rates significantly for distracted driving.

State

Average Insurance Rate

Rate After Distracted Driving Ticket

Increase Amount

Penalties

California

$1,700

$2,500

$776

Driving while texting or using any handheld device is illegal in California; the first offense incurs a fine of $162, with increasing fines for each subsequent offense.

Florida

$2,400

$3,000

$647

First offense: $30 fine; second offense: $60 fine + three points; texting and driving in a school or construction zone adds additional points

Rhode Island

$2,400

$3,200

$800

This state bans all handheld devices while driving, even at stop signs and traffic lights; violations can incur fees up to $100.

What If I Got Pulled Over For Another Reason?

States vary in their approach to ticketing for texting and driving when another traffic violation is involved. In states that consider distracted driving a primary offense, drivers can be pulled over and ticketed for texting or using a cell phone while driving. Insurers in these states are more likely to raise rates for cell phone tickets. In other states where distracted driving is considered a secondary offense (you must be pulled over for something else to be ticketed for it), your rates may change depending on the seriousness of the primary traffic violation.

What Is The Court Penalty For a Cell Phone Ticket?

Court penalties for cell phone tickets vary according to state laws. The following table shows the incremental penalties in states with the highest rate increases for distracted driving tickets.

State

1st Offense

2nd Offense

3rd Offense

California

Fine of $162

Increased fine of more than $162; point added if previous distracted driving violation occurred in the past 36 months

Fine continues to increase from 2nd offense; another point added if previous distracted driving violation occurred in the past 36 months

Florida

$30 fine + court fees; violation in a school or construction zone adds points

$60 fine + court fees; three points added to driver’s license

Not specified

Rhode Island

$100 fine and/or license suspension of up to 30 days

$150 fine and/or license suspension of up to three months

$250 fine and/or license suspension of up to six months

How Will My Insurer Know I Got a Ticket?

Insurers are not directly informed when you receive a cell phone ticket, but they will see it when they run your driver’s license number to check your driving record when you apply for coverage and again when you renew your policy, usually every 6-12 months. In some states and with safe-driver plans that track cell phone usage, insurers know if you violated the ban even if you do not receive a citation.

Can My Insurer Cancel My Coverage?

Insurers may cancel your coverage if you accrue too many texting and driving tickets or your license is revoked or suspended for violations, including distracted driving during the previous 36 months. Drivers with a ticket for texting and driving, especially first-time offenders, can usually keep their coverage, though their insurer may raise their rates and restrict safe-driver discounts.

How Do Other Forms Of Distracted Driving Affect Insurance?

Insurers consider a driver’s record and accident history when assigning insurance rates. Your cost of insurance increases with risky and irresponsible mistakes like texting and driving or using a handheld phone in the car. Some states distinguish between using hands-free devices, talking, or texting while driving.

Generally, insurers may raise premium rates for any traffic violations that result in points on your driver’s license, accidents, or multiple fines. Aside from texting and cell phone tickets, other forms of distracted driving that could potentially raise your insurance rates include talking to passengers, programming your GPS, and eating or drinking while driving.

How To Decrease Insurance Rates If You Get a Cell Phone Ticket

Although your insurance rates may go up following a cell phone ticket, you can take the following steps to help reduce your insurance costs over time.

Shop Around for a Better Deal

Depending on their location and the local laws around distracted driving tickets, some insurers are more lenient than others regarding raising rates. Shopping for a different policy may help drivers with cell phone tickets save money. Looking for an insurer that offers a “second chance” approach for first-time offenders should yield the best quotes.

Insurers may also offer low rates to drivers with multiple offenses in an effort to seem inclusive; however, this could translate to shady business practices or questionable policy coverage. If you have a cell phone ticket on your record, look for a legitimate insurance provider that offers coverage for drivers willing to improve their standing after enrollment.

Take A Defensive Driving Course or Traffic School

Traffic schools and defensive driving courses can sometimes offer financial relief to drivers with a less-than-perfect record. States that use a point system to penalize drivers for certain traffic violations may extend this penalty to texting and driving tickets or cell phone tickets. Drivers may be able to take a defensive driving course or attend traffic school for a fee to dismiss the ticket.

Not all offenses offer this option as an alternative to paying the fine and/or accumulating points. Every jurisdiction follows different laws when it comes to texting and driving. Some states or cities that would otherwise allow drivers to take defensive driving to keep a clean record have different regulations for distracted driving tickets. Inquire at the DMV in your state for details.

Raise Your Deductible

In most cases, raising your policy’s deductible can help lower your premiums. Your deductible represents the amount you must pay toward the policy’s total cost before insurance kicks in, so raising that amount translates to owing less each month in premium payments.

While you should still practice safe driving and ditch the habit of texting and driving or using a cell phone in your car if you live in a state where it is prohibited, many insurers will offer a higher deductible as a way to counteract the higher rates that come from cell phone tickets. Consider asking your insurance carrier for options to help you find the right deductible-premium balance.

Improve Your Credit Score

Insurers may consider credit scores, among other criteria, when drivers apply for coverage. Applicants with a low credit score might be well-qualified for an affordable policy in other ways; however, everyone knows bad credit permeates the application process for nearly all of life’s major purchases.

A minor traffic ticket may not negatively impact your credit score unless the ticket goes unpaid and is reported to your credit company, thus potentially raising your insurance rates. Cell phone tickets or texting while driving tickets can directly affect prices, especially in states where this practice is illegal and/or points are added to your driving record for such a violation. Therefore, doing the work to improve your credit score can also help lower your rates.

Drive Safely

Safe driving discounts incentivize responsible driving habits by lowering rates for drivers who remain free of traffic tickets and accidents for a set period, typically between 1-3 years. Safe driving not only protects you and your passengers but can reduce your rates by more than 30%.

Drivers who get a ticket for texting and driving may be able to improve their insurance rates within a year or more by driving safely and incorporating other methods listed above. Insurers tend to be more forgiving of a minor traffic ticket than a cell phone ticket, texting and driving ticket, or multiple violations, including a distracted driving ticket, within the last few years.

Putting It All Together

Accidents and casualties caused by distracted driving are a serious problem in America today. States continue enacting laws to reduce texting and cell phone use while behind the wheel. Drivers cited with tickets for texting and driving not only put themselves and others at risk but can incur huge fines, points on their license, and steep insurance rate increases.

Every state is different regarding cell phone tickets, and insurers in each state can choose how to approach new and existing clients who commit this type of offense. Most insurers seize on the severity of this widespread issue and charge higher insurance rates to distracted drivers. However, the exact amount of the rate increase depends on factors including the specific laws in your state, your age, and your driving history.

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Do Cell Phone Tickets Affect Insurance? Yes, Here's How - Assurance IQ (2024)

FAQs

Do Cell Phone Tickets Affect Insurance? Yes, Here's How - Assurance IQ? ›

Cell phone violations, including texting and driving tickets, can raise your insurance rates by as much as 45%, depending on your location. While penalties vary by state, all jurisdictions agree on the dangers of distracted driving, which claimed more than 3,100 lives in the U.S. in 2020.

Does being on your phone affect your insurance? ›

It ultimately depends on the laws in your state. If you get a ticket for distracted driving, including texting and driving, there's a chance you could see your insurance rate go up. However, some states don't allow insurers to include texting and driving tickets as a factor when setting rates.

Is a cell phone ticket a moving violation in CA? ›

You have a valid driver's license; The offense occurred while driving a noncommercial vehicle; and, Your ticket is for an infraction that is a moving violation.

Does texting while driving affect insurance? ›

If texting while driving is considered a moving violation in your state, you may see a premium increase when you renew your car insurance. Texting while driving violations received on top of other violations will likely increase your premiums.

How long does a cell phone ticket stay on your record in NY? ›

A cell phone or texting violation will stay on one's driving record until January 1 of the fourth year following the date of conviction. The five points associated with the ticket will count towards one's point total for 18 months from the date of the violation.

Do insurance companies check your phone? ›

Does a Car Insurance Company Have the Right to Request My Phone Records? It is possible for insurance companies to pursue this type of evidence. In nearly all situations, they will do so if they believe you could have been distracted while driving and that distraction is what caused or contributed to the accident.

What is not covered in a phone insurance? ›

First, many insurance policies won't cover natural wear and tear that happens over time. Your cell phone insurance policy also isn't likely to cover you if you've made changes to your phone. For example, after-market modifications or DIY repairs may disqualify you from coverage, even if the damage is unrelated.

How do you beat a cell phone ticket in California? ›

You can fight the ticket in 1 of 2 ways: by having a court trial or a trial by mail. A court trial is a 2-step process: you request an arraignment where the judge reads the charges against you and you enter a plea. Then you attend a trial. With a trial by written declaration, you never show up to court.

Why have most states passed a ban on texting while driving? ›

States primarily use hand-held and texting bans to combat distracted driving. Hand-held bans are laws that allow the use of mobile devices while driving only in hands-free mode—usually through voice communication or by activating with a single tap or swipe.

Does a California cell phone ticket affect insurance? ›

California is known for its 45% increase in car insurance premiums after a texting while driving violation. The average Californian driver pays $1,708 in annual auto insurance premiums. After a cell phone traffic ticket, their auto insurance rates increase to $2,484.

Can insurance companies look at text messages? ›

If there is evidence that you were talking on the phone, sending text messages, or otherwise distracted, your insurance company may seek to confirm those facts in order to deny your claim. They may also request records if they suspect you're involved in any form of insurance fraud.

Why do you think insurance companies raise a driver's premium after they get a ticket for texting while driving? ›

From an insurer's perspective, a driver who has committed violations in the past is more likely to repeat such behaviors in the future, leading to potential claims. Hence, a ticket or citation isn't just a one-time fine; it serves as a marker of a driver's behavior on the road.

Is texting worse than talking during driving? ›

Most people believe that talking instead of texting or shifting to a hands-free device is enough to mitigate the risks. However, this simply is not the case. The shocking truth is that talking while driving is just as dangerous as texting; and no, using a hands-free device does not lower the risk.

Is it worth fighting a cell phone ticket in NY? ›

Fighting an Electronic Device Ticket

Having the ticket dismissed can save you a lot of money. Just because you have received a cell phone or device ticket, it doesn't mean that you are guilty You have the right to fight your ticket. While this can be difficult, a qualified New York traffic attorney can help.

How do you plead not guilty to a cell phone ticket in NY? ›

It would be in your best interest to hire an experienced attorney to defend your charges. A cell phone violation is 5 points. You should retain an attorney asap who regularly appears in the Court where the ticket was made returnable, who will enter a “not guilty” plea and handle the case from there.

How long do phone records stay? ›

The presentation provides more recent figures on how long telecoms retain data for. AT&T holds onto data such as call records, cell site, and tower dumps for 7 years. T-Mobile holds similar information for 2 years, and Verizon holds it for 1 year.

How much more likely are you to get in an accident while on your phone? ›

Engaging in visual-manual subtasks, such as reaching for a phone, dialing, or texting, while using hand-held devices increases the risk of being involved in a crash by three times compared to non-distracted drivers.

Is it okay to have your insurance card on your phone? ›

Yes, you can provide a picture of your vehicle's insurance information. California Vehicle Code 16028 states, “The evidence of financial responsibility may be provided using a mobile electronic device.”

Does mobile phone usage increase the risk of traffic accidents? ›

They found that the use of different phone types was associated with an increase of approximately 40% of reaction time and an accident risk multiplied by 4. According to Billieux et al., 2008 it seems that mobile phone use while driving is related to a high level of dangerous behaviors.

Does a cell phone ticket make your insurance go up in California? ›

California is known for its 45% increase in car insurance premiums after a texting while driving violation. The average Californian driver pays $1,708 in annual auto insurance premiums. After a cell phone traffic ticket, their auto insurance rates increase to $2,484.

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