NC Child Passenger Safety Laws

Ages/Positions Covered:
» Children less than age 16 in front or back seats are covered under the NC Child Passenger Safety law.
» Drivers and passengers 16 years old and older are covered by the NC Seat Belt Law.
Vehicles Covered:
» All vehicles required by federal standards to have seat belts are covered. All passenger cars manufactured after 1967 are required by federal regulations to have seat belts and are covered by the NC Child Passenger Safety Law. Vans, pickup trucks and sport utility vehicles manufactured after 1971 are required to be equipped with belts and are also covered by the NC Child Passenger Safety Law. There are no exemptions for vehicles registered in other states or vehicles driven by out-of-state drivers.

Restraint Required:
» A properly used child restraint device (CRD) is required if the child is less than 8 years old AND weighs less than 80 pounds. Most parents and other care givers will be able to comply by using belt-positioning booster seats for children between 40 and 80 pounds. The child must be within the weight range for the child restraint/booster seat and it must meet Federal standards in effect at time of manufacture.
» Children may be secured in a properly fitted seat belt at age 8 (regardless of weight) OR at 80 pounds (regardless of age) - whichever comes first. Placing the shoulder belt under a child’s (or adult’s) arm or behind the back is both dangerous and illegal.
» If no seating position equipped with a lap and shoulder belt to properly secure a belt positioning booster seat is available, a child who weighs at least 40 pounds may be restrained by a properly fitted lap belt only. WARNING: Belt-positioning booster seats can only be used with lap and shoulder combination safety belts. Belt-positioning booster seats must NEVER be used with just a lap belt.
Refer to "What are Options for Children over 40 pounds? in the "Choosing and Using" section for additional information on booster seats and safer alternatives for lap-belt-only seating positions.

Position in Vehicle:
» The CRD must be installed in the rear seat if the child is less than age 5 and 40 lbs.and if the vehicle has a passenger side air bag and a rear seat.
» Front seat installation is allowed if the CRD is designed for use with air bags.

Exemptions*:
» Vehicles not required to have belts (such as cars made before 1968 and pickup trucks, SUVs, and vans made before 1972, and large buses)
» Ambulances and other emergency vehicles
» If all seating positions with belts are occupied

Responsibility/Penalties:
» Driver responsible for all children less than sixteen
» Penalty not to exceed $25
» Full court costs apply ($188 as of August, 2011)
» Two (2) driver license points
» No insurance points
» No conviction if the child is less than 8 years old and proof is presented at trial that an appropriate CRD/Booster seat has been acquired for a vehicle in which the child is normally transported since the violation.
Source: buckleupnc.org

Should You Make a Claim on Your NC Homeowner’s Insurance?

In the wake of one of the worst storms in centuries, many homeowners may be shocked to learn filing a claim on their insurance may actually hurt them over time.

Paying for the repairs out of pocket should be weighed against filing a claim. Too many claims in one year will send a red flag to your insurance company causing them concern and possibly canceling your policy. 

 

Every time a claim is made or even inquired about it goes into an industry database called Comprehensive Loss Underwriting Exchange, or CLUE. This information is available to most insurance companies, making it harder for the consumer to obtain insurance from another company after being dropped.

Under federal law, you can get one free copy of your report every 12 months at ChoiceTrust. You can also look at claims made on specific properties. If you are considering purchasing a home, you should check its history. For a fee, you can obtain a“Home Seller’s Disclosure Report” detailing the insurance loss history of the home you are considering. Knowing this information before your purchase can help you decide if you are making an informed decision. Too many claims on a property, can affect the rates of your homeowner’s insurance even if the claims aren’t yours.

A Word about Adjusters

You should receive the same claims adjustment whether you use an independent or the insurance company’s claims adjuster. The adjuster is a licensed professional who is trained to find the source of damage. They report to the insurance company their findings and if the claim is legitimate. If you do not agree, you can dispute your claim with your insurance company.

 

At Marshall Insurance, we are here to help you with your insurance needs. As a long standing independent insurance agency, we are committed to helping our clients in not only finding the best rates but helping in times of need.

Consent to Rate Letter -North Carolina

Insurance rates in North Carolina can be confusing, especially when working with an online company. Using an independent insurance agent can help in navigating your way through these tough times in the insurance industry. As claims rise and underfunding prevails, the insurance companies are looking for new ways to increase their rates outside the scope of what is regulated by the state.

Each state is different in how it determines its rates. In North Carolina, for example, the insurance rates are set by the North Carolina Rate Bureau. The Bureau tells the insurance companies the maximum rates they can charge consumers for home and auto policies. Your insurance company can decide they want to charge you a higher rate depending on several factors. But, they can’t charge this additional rate without your consent.

Consent to Rate Letter

That’s where the “Consent to Rate” letter comes into play. If the insurance company deems you a high risk, a “Consent to Rate”letter will be mailed to you. The letter will basically ask you to give the insurance company permission to charge you rates on your policy that exceed the state maximums. When you sign and return this letter you are essentially giving the insurance company your permission to be charged rates higher than those established by your insurance commissioner. This letter can be held in your file until the insurance company deems it necessary to use.

Why the Higher Rates?

Why would your insurance company ask to charge you a higher rate? There are a few factors they consider before mailing the Consent to Rate letter. Insurance companies are singling out high risk insurers for numerous reasons:

-Your home is located in a storm area susceptible to tropical storm surges or hurricanes.

-Your insurance company deems you high risk because of numerous claims

-Some insurance companies are looking at your credit score to determine their risk in insuring you