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A. Craig Purcell

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DMV has proposed to increase the point value for certain violations such as passing a stopped school bus. METRO photo

By A. Craig Purcell, Esq.

A. Craig Purcell

Back in September of 2023, the New York State Department of Motor Vehicles (DMV) issued a press release to announce proposals to strengthen regulations “to get dangerous drivers off the road.” These proposed amendments would bolster the state’s ability to remove drivers who engage in risky behavior and make it “more difficult for persistent violators to restore driving privileges.” 

These changes in regulations are part of a multifaceted strategy to combat reckless driving, which endangers everyone. 

Commissioner of the New York State Department of Motor Vehicles and Chair of the Governor’s Traffic Safety Committee, Mark J.F. Schroeder, stated that “the message is simple: If your actions behind the wheel put others in danger, you don’t belong in the driver’s seat. That’s why we are proposing significant and aggressive actions to protect other drivers, motorcyclists, bicyclists, pedestrians and children. Everyone deserves to feel safe regardless of how they choose to commute or enjoy our roads.” The amendments will: 

1. Increase the number of points associated with dangerous driving. 

The long-established Driver Violation Point System gives the NYS DMV a way to identify and act against high-risk drivers. The DMV assigns points for certain traffic violations. DMV is proposing to add point values to violations that presently have none. These violations include alcohol or drug-related convictions, driving without a license, and any violation involving speeding in a work zone, leaving the scene of a personal injury crash, or striking a bridge. DMV has also proposed to increase the point value for certain violations such as passing a stopped school bus.

2. Decrease the threshold at which dangerous drivers are disqualified from holding a license. 

Currently, if a licensed driver accumulates 11 points in 18 months, his or her driver’s license may be suspended. The DMV is proposing to amend that regulation to keep more habitual offenders from driving. The proposed amendment will increase the time frame that administrative action can be taken against a persistent violator from 18 months to 24 months. DMV is also proposing changes to the point system used to evaluate requests for re-licensure after drivers have been convicted of multiple reckless driving and similar violations. 

These changes will make it more difficult for drivers with many convictions to regain their driving privileges. During that evaluation process, DMV is also proposing a change that will allow the agency to consider an applicant’s driving history going back four years from the date they applied for re-licensure. DMV previously looked at a driver’s record going back three years.

3. Lower the bar for permanent license forfeiture for reckless drivers who continue to drive under the influence of drugs or alcohol. 

DMV is also proposing to reduce the number of alcohol- or drug-related driving convictions or incidents that would result in a permanent denial of a driver’s license application. Currently, where regulations stipulate that an application for re-licensure be denied if a driver has five or more alcohol or drug-related driving convictions, the DMV is proposing to lower that number to four or more alcohol or drug-related convictions. 

The DMV is also proposing to change regulations to allow for permanent license revocation after three alcohol- or drug-related driving convictions plus one or more other serious driving offenses. 

Other proposed changes will empower the DMV to deny an application for re-licensure for two years if the applicant has three alcohol- or drug-related driving convictions and no serious driving offense. Other applicants who meet the same criteria but have a current license revocation for an alcohol or drug-related conviction will face a five-year revocation.

We will keep the public informed on the progress of these proposals in the New York State Legislature.

A. Craig Purcell, Esq. is a partner at the law firm of Glynn Mercep Purcell and Morrison LLP in Setauket and is a former President of the Suffolk County Bar Association and Vice President of the New York State Bar Association.

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METRO photo

By A. Craig Purcell

A. Craig Purcell

As we embark upon a new year, it naturally prompts a period of introspection and planning. We have the opportunity to retrospectively examine the last 12 months, extracting valuable insights to help form our plans for the new year.

This thought process is not exclusive to personal reflection but extends to essential matters such as automobile and homeowner’s insurance. Conducting an annual review of some insurance components is advisable to ensure the best coverage. Given the prevalent spirit of setting and achieving resolutions during this peak season, why not proactively address a few insurance-related objectives?

To facilitate this process, we are pleased to offer a comprehensive insurance checklist for the new year, aiding you in navigating this crucial aspect of financial planning.

1. Compare rates: Do you believe you’re overpaying for auto insurance? You very well may be. But you’ll never know unless you do some comparison shopping. You should review your insurance policy to determine how your premium is trending. It is possible that despite maintaining an exemplary driving record, your premium may have experienced an increase. Alternatively, an unfortunate accident could have precipitated a significant spike. Participants in telematics insurance programs may observe regular fluctuations in premiums on a monthly basis, potentially necessitating a reconsideration if such uncertainty induces unease. Awareness of these subtleties helps you make well-informed decisions and guarantees that your insurance coverage meets your needs and expectations.

2. Find out how much it would cost to replace your home: Understanding your home’s replacement cost is a critical component of a homeowners insurance policy. This is also known as your dwelling coverage limit, and it determines the cost of repairing or replacing your home if it is damaged or destroyed.

It’s important to understand that the replacement cost is not the same as the market value of your home. You can’t just go to Zillow or another home valuation website and get an estimate for your house.

Furthermore, in order to be fully covered, your dwelling limit must be at least 80% of the rebuild value of your home. Otherwise, the insurer is only required to cover damages in proportion to the amount of coverage you have.

Several factors influence the cost of rebuilding your home. Consider the age and square footage of your home, the type of foundation and roof, local building and zoning codes, and any home additions or upgrades.

Given the likelihood of modifications or renovations to your home over the years, it is advisable to compute the replacement cost of your home annually. Likewise, promptly updating this valuation with your insurer, as necessary, is a prudent practice to ensure that your coverage aligns accurately with the current value of your property.

3. Keep an eye out for new exclusions: Even though insurance policies cover a wide range of situations, there are usually exclusions. A typical home insurance policy, for example, does not cover damage caused by natural disasters such as floods, earthquakes, or hurricanes. Certain insurance companies may also refuse to cover pets or may only cover certain breeds.

Check your policy for exclusions at the start of the year. It’s possible they were added without your knowledge. Exclusions could include large purchases such as jewelry, artwork, or electronics. If you notice an exclusion for something that concerns you, it may be worthwhile to purchase separate coverage.

4. It doesn’t hurt to ask for a discounted or reduced premium: Insurance providers extend discounts for a myriad of reasons, such as exemplary driving records, academic achievements, military service, and the bundling of auto and home insurance, among others. It is worth noting, however, that not all insurance companies offer identical discount structures. Indeed, many may not proactively communicate the full spectrum of available discounts unless prompted by a customer inquiry.

While exploring all your insurance options, it is prudent to proactively engage with your current insurer or prospective ones to inquire about available discounts. Whether you possess a commendable driving history, hold student status, or have a military background, it is advantageous to communicate these attributes during your inquiry.

Discount offerings may vary across different insurers, but it is not uncommon to secure substantial reductions on monthly premiums. This translates to noteworthy annual savings, potentially amounting to hundreds of dollars.

As the new year unfolds, filled with anticipation for what lies ahead, consider using this checklist to help usher in a more welcoming and financially prudent future.

A. Craig Purcell, Esq. is a partner at the law firm of Glynn Mercep Purcell and Morrison LLP in Setauket and is a former President of the Suffolk County Bar Association and Vice President of the New York State Bar Association.

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Wheelchairs and walkers are covered under New York's No-Fault Law. METRO photo

By A. Craig Purcell

A. Craig Purcell

We recently wrote about the primary benefit New York automobile owners and drivers enjoy under the New York No-Fault Insurance Law. This benefit requires your own insurance company to pay, at a minimum, the first $50,000.00 of your reasonable medical expenses regardless of who caused the accident. However, there are several additional benefits New York insureds have under their auto insurance policy.

First among these benefits is the No-Fault law’s very important lost earnings provision. You are entitled to recover 80% of your lost earnings from your own insurance company, up to a maximum of $2,000.00 a month for three years. How do you go about obtaining your lost earnings? You must file a No-Fault Insurance Application with your own insurance company within 30 days of your accident. It is your responsibility to notify your insurance company as quickly as possible — hopefully within a day or two — so your carrier can provide you with the application promptly. This is generally done by email these days. In order to qualify for lost earnings, you must make sure that your employer provides proof of your loss of income within 90 days. It is your responsibility to ensure that your employer does this in a timely fashion.

A second significant benefit you may be entitled to is payment of out-of-pocket expenses. These might include Uber or taxi rides to medical appointments, ambulance expenses, damage to significant personal property that was in your automobile, medications and many other associated expenses. Moreover, there may be other applicable expenses that an injured party may incur that should be covered. Just as is the case for obtaining lost earnings, it is equally important that a No-Fault Application be timely filed and that payment or reimbursement be sought as soon as the out-of-pocket expenses are incurred.

Finally, expenses incurred for medical devices is a significant benefit. Items such as wheelchairs, walkers, canes, braces and various types of bandages are covered. These can be very expensive, often as much as visits to a health care providers, so it is important to attempt to have your insurance company pay for such expenses directly in the first instance. Obviously, you may not always know whether you will need one of these medical devices within 30 days of your accident, but it is important to file your initial No-Fault Application within 30 days. 

This benefit, as well as out-of-pocket expenses, is good for one year.

WHO IS NOT COVERED BY NO FAULT?

Motorcyclists, motor-scooter drivers (depending on size of engine), and someone arrested for Driving While Intoxicated would not be covered by No-Fault Insurance. You may have to pay for expenses out of your own pocket as health insurance policies often have excluded these motorists as well.

A. Craig Purcell, Esq. is a partner at the law firm of Glynn Mercep Purcell and Morrison LLP in Setauket and is a former President of the Suffolk County Bar Association and Vice President of the New York State Bar Association.

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Photo by David Ackerman

By Leah S. Dunaief

Leah Dunaief

Maybe it sounds like I’m tooting our horn too much, but I have to say how proud I am of the columnists who write for our papers and website. They are clearly bright and offer the reader information and knowledge that aren’t usually found even in a big metro daily or a glossy magazine. They are, collectively and individually, one of the main reasons our hometown newspapers have managed to survive while so many of our colleagues, 25% of them in the nation, have had to shut their doors.

Readers want to learn from our regular columnists, who, by the way, are local residents. That’s not surprising, though, because the population we serve is exceptional, accomplished in their own right, and can be expected to harbor such talent. Let me explain.

The columnists are found in the second section of the newspaper, called Arts & Lifestyles. In the interest of full disclosure and without false modesty, I point out and salute my youngest son, Dr. David Dunaief. He is a physician totally committed to helping his patients, and the high regard is returned by them in equal measure, as testimonials about him confirm. In addition, he writes every week about current medical problems and brings readers up to date with the latest research and thinking regarding common ailments. I know him to be a voracious reader of medical journals and he footnotes his sources of expertise at the end of every “Medical Compass” column. 

Dr. Matthew Kearns is a longtime popular veterinarian who writes “Ask the Vet,” keeping our beloved pets healthy. Michael E. Russell is a successful, retired financial professional who cannot cut the cord with Wall Street, and  shares his thoughts on the economy and suggesting current buys on the stock market. He will also throw in something irreverent, or even askance, to keep you tuned in. 

Also writing knowledgeably on the contemporary scene about finance and the economy is Michael Christodoulou, who is also an active financial advisor. Ever try to read your auto insurance policies? If I had trouble falling asleep, they would knock me out by the second paragraph. Enter A. Craig Purcell, a partner in a long-established local law firm, who is attempting to explain auto insurance coverage, a merciful endeavor, with his column. His words do not put me to sleep. Shannon Malone will alternate the writing for us. Michael Ardolino, a well-known realtor, somehow manages to make both ends of a real estate transaction, for buyers and sellers, sound promising at this time. 

Our lead movie and book reviewer is the highly talented Jeffrey Sanzel. In addition to being a terrific actor, he is a gifted writer and almost always feels the same way about what he is reviewing as I do. No wonder I think he is brilliant.  Father Frank has been writing for the papers for many years and always with great integrity and compassion. 

John Turner, famous naturalist and noted author and lecturer, keeps us apprised of challenges to nature. This is a niche for all residents near the shorelines of Long Island. He also writes “Living Lightly,” about being a responsible earth dweller. Bob Lipinski is the wine connoisseur who travels the world and keeps us aware of best wines and cheeses.

Lisa Scott and Nancy Marr of the Suffolk County League of Women Voters, keep us informed about upcoming elections, new laws and important propositions. Elder law attorney Nancy Burner tells us about Medicare, estate planning, wills gifting, trustees, trusts and other critical issues as we age.

The last columnist I will mention is Daniel Dunaief, who, like bookends for my salute, is also my son. Among several other articles, he writes “The Power of Three,” explaining some of the research that is performed at Stony Brook University, Brookhaven National Labs and Cold Spring Harbor Laboratory. He makes a deep dive into the science in such a way that layman readers can understand what is happening in the labs. He has been paid the ultimate compliment by the scientists for a journalist: they pick up the phone and willingly talk to him, unafraid that he will get the story wrong or misquote them. In fact, he has been told a rewarding number of times by the researchers that his questions for the articles have helped them further direct their work.

When my sons began writing for TBR News Media, a few readers accused me of nepotism. I haven’t heard that charge now in years.

P.S. Of course, we can’t forget Beverly C. Tyler and Kenneth Brady, stellar historians both.

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METRO photo

By A. Craig Purcell

A. Craig Purcell

Why are we at Glynn, Mercep, Purcell and Morrison writing the first of a series of columns at this time concerning automobile and homeowner insurance issues? Because automobile insurance advertisements are more common then ever in contemporary media, and insurance companies are competing with one another more than ever in an effort to encourage customers to switch providers. This competitive industry is spending enormous amounts of money on television ads, social media, radio spots, print media, and online advertising to promote “the lowest rate on car insurance.”

Automobile insurance is unique in that it is required by New York State, as opposed to homeowner’s insurance which is not mandated by law. We are writing today to help members of our community navigate through the confusion caused by the inundation of advertisements across media platforms.

First, let me ask this question: what happens to you when you are seriously injured by a driver of another automobile who has a small or minimal liability insurance policy? Are you limited to the amount of that policy if you seek to recover for the pain and suffering caused by the accident? This first column will explain and emphasize the importance of obtaining adequate SUM coverage (Supplemental Under-Insurance) as part of your automobile insurance policy.

Supplemental Under-insured Motorist Coverage

What is SUM coverage? This is a mandated coverage for all New York automobile owners which can help compensate you for injuries sustained in an automobile accident. This coverage kicks in when the driver who caused your accident does not have sufficient insurance to adequately compensate you for the pain and suffering resulting from your injuries. SUM coverage is therefore crucial if you ever sustain injuries at the hands of a driver who is under-insured; i.e., does not have sufficient insurance to compensate you for your pain, suffering and permanent injuries. 

For example, imagine that you are stopped at red light or stop sign and hit in the rear by another driver, or are going through an intersection with a green light when another driver runs a red light and hits you broadside. If the driver who caused the accident in these situations has minimum or near minimum liability insurance which would compensate you for your injuries, you may look to the SUM coverage in your own insurance policy for additional amounts.

Thus, if the person who caused the accident has a minimum $25,000 liability insurance policy, and your lawyers believe that your case is worth in excess of that amount, you can recover the difference from your own insurance company under the SUM coverage that is mandated by the State. However, you may only recover from your own insurance company if your SUM policy limits exceed those of the other driver’s policy. 

What is significant in this regard is that if you also have minimum coverage, or don’t purchase sufficient SUM coverage to properly compensate you when an under-insured driver negligently causes an accident, you will be limited in most cases to the amount of the negligent driver’s insurance policy. 

However, if for example, you have at least $100,000 in SUM coverage, then you can recover another $75,000.00 to compensate you for your injuries. That is $25,000 from the person who caused the accident and had a minimal policy, and another $75,000 from your own insurance provider. 

As noted above, your insurance provider gets credit for any amount received from the person’s insurance company that caused the accident, thereby limiting your recovery somewhat. It is, therefore, very important to speak to your insurance company or broker to make sure that you have adequate SUM coverage in the event you are injured by a negligent driver who does not have sufficient insurance to adequately compensate you. 

You should be aware of what the minimum relevant insurance policy limits are under New York law: $25,000 per person/$50,000 per accident for bodily injury coverage (same for SUM); $50,000 in Personal Injury Protection coverage; and $25,000 per person/$50,000 per accident uninsured/underinsured motorist coverage

Although insurance companies seem to be engaged in a pricing war to offer consumers the lowest policy premium rates, we worry that this trend will severely harm consumers, as lower rates often mean lower policy limits and less compensation if you are injured in an accident.

A. Craig Purcell, Esq. is a partner at the law firm of Glynn Mercep Purcell and Morrison LLP in Setauket and is a former President of the Suffolk County Bar Association and Vice President of the New York State Bar Association.

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