Key figures, dates and legal details are tied to the primary sources listed under Sources.
Starting Nov. 27, 2026, New York insurers must get Department of Financial Services (DFS) prior approval before implementing covered overall average auto insurance rate increases, including increases of 5% or less. The rule governs the insurer’s overall rate level, not each driver’s individual premium. Filings submitted before Nov. 27 stay under the current flex-rating rules.
Key Findings
- Who is affected: This guide focuses on covered nonbusiness/private-passenger auto policies in New York. The proposed amendment to Regulation 153 also addresses certain for-hire motor vehicle policies; other states have their own rules.
- What changes: For covered rate filings under the new rules, insurers need prior approval for overall average rate-level increases, including increases of 5% or less. Rate filings submitted before Nov. 27 remain subject to the current flex-rating provisions.
- What does not change: Overall average rate-level decreases of up to 5% can still be implemented without prior approval under the flex-rating rules discussed here. Prior approval is not a promise of savings or a stated cap on the size of every approved increase.
- What to do: Check the premium and effective date on your renewal notice, and compare quotes with the same coverage. Comments on the proposal are due Nov. 9.
Navigate This Guide
Does an insurer need approval for a New York auto insurance rate increase?
Yes. Beginning Nov. 27, 2026, insurers must obtain DFS prior approval before implementing covered overall average rate-level increases for nonbusiness automobile insurance. This is a requirement for the insurer’s overall average rate level, not a separate approval for every individual policy premium adjustment. DFS announced the proposed implementing regulation on Sept. 9, 2026; the law and the proposed regulation are scheduled to take effect on Nov. 27.
Under the current flex-rating system, an insurer may implement no more than two overall average rate increases in any 12-month period without prior approval if their cumulative effect stays within 5%. Beginning Nov. 27, covered overall average increases will require prior approval, while overall average decreases of up to 5% may continue without prior approval. DFS also states that rate filings submitted before Nov. 27 remain subject to the current flex-rating provisions. The change comes from Part II of Chapter 55 of the Laws of 2026, which amended Insurance Law section 2350. Acting Superintendent Kaitlin Asrow said the goal is for rate increases to receive “comprehensive and independent review.”
What changes on Nov. 27, and what stays the same?
For rate filings governed by the new rules, increases lose their current flex-rating treatment. DFS’s regulatory impact statement says insurers may continue to implement overall average rate decreases of up to 5% without prior approval under the flex-rating provisions described here. Rate filings submitted before Nov. 27 remain under the current provisions.
Prior approval is a review step, not a promise of lower premiums. The new requirement concerns an insurer’s covered overall average rate-level increase, not a separate approval for every individual policy adjustment. An individual driver’s premium can move by more or less than the insurer’s overall average change. For the transition, DFS states that rate filings submitted before Nov. 27 remain subject to the current flex-rating provisions, so the filing submission date matters.
How much could a rate increase cost me? A worked example
DFS’s May 27, 2026 announcement put New York’s average auto insurance cost at slightly more than $4,000 a year, nearly $1,500 above the national average. The example below uses a round $4,000 premium.
Hypothetical example, not a real quote or a prediction. Assume a driver pays $4,000 a year, and that this driver’s premium moves exactly with the insurer’s overall average change. Real policies can move by more or less.
- 3% overall average increase: $4,000 × 0.03 = $120, for a new premium of $4,120. This could fit inside the current no-approval allowance (no more than two increases in a 12-month period, with a cumulative effect of 5% or less). For filings submitted under the new rules, it needs DFS approval; filings submitted before Nov. 27 remain under the current flex-rating provisions.
- 5% overall average increase: $4,000 × 0.05 = $200, for a new premium of $4,200. Same treatment as the 3% case for a filing submitted under the new rules; filings submitted before Nov. 27 remain subject to the current flex-rating provisions.
- 7% overall average increase: $4,000 × 0.07 = $280, for a new premium of $4,280. This exceeds 5%, so it already falls outside the current allowance and needs approval.
To run your own numbers, multiply your annual premium by the percentage written as a decimal, then add the result to your premium. Take the percentage from your insurer’s notice, and keep in mind that an overall average may not match the change on your policy.
What should I check on my New York auto insurance renewal?
Use your renewal notice and policy documents to run through these five checks.
- Note the new premium and the date it takes effect. The new prior-approval requirement starts Nov. 27, 2026 for covered rate filings. DFS says filings submitted before that date remain subject to the current flex-rating provisions. Ask your insurer or DFS if you need to know which filing applies to a specific change.
- Look for a rate-decrease notice. A provision that took effect Aug. 24, 2026 requires an insurer that lowers auto rates because of the budget reforms to tell the policyholder and say the reforms were the reason. The proposed regulation would require that notice 30 to 60 days before your current policy period ends.
- Match coverage before you compare prices. Check liability limits, deductibles and uninsured/underinsured motorist coverage so quotes compare like with like.
- Compare quotes from more than one insurer. The rule covers each insurer’s overall average rate change. It does not make companies charge the same price.
- Ask DFS if something looks wrong. You can file a question or complaint on the DFS complaint page. You can also read the proposal and send comments through DFS regulatory activity before Nov. 9.
Compare your New York renewal before it takes effect
If your notice shows a higher premium, quotes with matching coverage show what other insurers charge for the same policy.
GET YOUR CAR INSURANCE QUOTESWhy is New York changing auto insurance rate approval rules?
State officials say the change is part of the auto insurance reforms enacted in New York’s fiscal year 2027 state budget in May 2026. DFS’s May 27 announcement says car insurance rates are driven up by “a combination of fraud, litigation, legal loopholes and enforcement gaps.”
In guidance issued July 1, 2026, DFS told insurers to reflect the expected effects of the reforms in pending and future motor vehicle rate filings. The reforms include broadening the definition of an insurance-fraud act to cover people who organize, encourage or invite staged crashes; changing the serious-injury definition and the order in which fault and serious injury are determined; limiting non-economic damages to $100,000 in specified cases involving an at-fault injured person who was operating a vehicle they were legally required to insure (subject to a limited short-lapse exception), was impaired and convicted of the offense, or was committing a felony and convicted of that felony; and barring recovery in covered personal-injury actions under Insurance Law Article 51 when the claimant’s culpable conduct exceeds the combined culpable conduct of the defendant or defendants. These provisions have specific legal conditions and exceptions; they do not apply to every unlawful act or every crash.
The DFS documents we reviewed include no official estimate of how much any driver will save.
What happens next, and what is still unknown?
The public comment period on the proposed regulation began Sept. 9, 2026, when it appeared in the State Register. It runs 60 days, to Nov. 9, 2026, according to DFS. The requirement takes effect Nov. 27, 2026.
Three practical questions remain open in the documents we reviewed:
- How closely DFS will review filings submitted under the new requirement, and how long reviews will take.
- Whether the final regulation will match the proposal.
- How much, if at all, premiums will change as a result.
How we verified this article
We reviewed the Sept. 9, 2026 DFS announcement, the proposed regulatory text and impact statement, DFS’s regulatory activity listing for Regulation 153, the July 1 Circular Letter and guidance, and the May 27 announcement of the budget reforms. Dates, deadlines and legal summaries are tied to the official documents listed below. For the exact wording of the proposed amendment, read the proposed regulatory text on the DFS website. The amendment remains a proposal during the public-comment period.
Frequently Asked Questions About New York Auto Insurance Rate Approval
Do New York auto insurers need approval to raise rates?
Starting Nov. 27, 2026, insurers must obtain DFS prior approval before implementing covered overall average rate-level increases for nonbusiness automobile insurance. This is not a separate approval requirement for every individual policy premium adjustment. Rate filings submitted before Nov. 27 remain subject to the current flex-rating provisions. Under those rules, no more than two overall average increases may be implemented in any 12-month period without prior approval if their cumulative effect stays within 5%.
Will New York auto insurance rates go down because of prior approval?
Not necessarily. Prior approval adds a review step; it does not itself promise lower premiums. The DFS impact statement does not estimate how much premiums will change. Separately, DFS has instructed insurers to reflect the expected savings from the state’s auto insurance reforms in pending and future rate filings.
Can an insurer still raise my New York auto rate after Nov. 27?
Yes. The rule does not ban increases; it requires prior DFS approval before covered overall average rate-level increases are implemented. It does not mean that every individual policy premium adjustment receives separate approval. Rate filings submitted before Nov. 27 remain subject to the current flex-rating provisions.
Can New York insurers still lower auto rates without approval?
Yes. Under the flex-rating rules discussed here, insurers may implement overall average rate-level decreases of up to 5% without prior approval. If an insurer reduces a policyholder’s premium because of the state’s FY 2026-2027 budget reforms, it must notify the policyholder and explain that the reduction was due to those reforms. That notice requirement took effect Aug. 24, 2026. The proposed regulation would require the notice at renewal, 30 to 60 days before the current policy period ends.
Does this rule apply outside New York?
No. The law and DFS regulation discussed here concern covered New York auto insurance rate filings. The guide focuses on nonbusiness/private-passenger auto insurance; the proposed amendment to Regulation 153 also addresses certain for-hire motor vehicle policies. Other states have their own rate-filing rules.
Bottom line for New York drivers
Starting Nov. 27, 2026, covered rate filings subject to the new rules will require DFS approval before an overall average rate-level increase, including increases of 5% or less that previously fit inside the flex-rating allowance. DFS states that filings submitted before that date remain subject to the current flex-rating provisions. The change adds oversight; it does not itself guarantee a lower premium.
If you drive in New York, read your renewal notice, note the premium and its effective date, compare quotes with the same coverage, and watch for DFS decisions once the requirement is in force.
Sources
- New York State Department of Financial Services, Governor Hochul Announces New Regulation Proposed by the Department of Financial Services Increasing Transparency for Policyholders in the Auto Insurance Market, September 9, 2026.
- New York State Department of Financial Services, Regulatory Impact Statement for the Proposed Second Amendment to 11 NYCRR 163, September 2026.
- New York State Department of Financial Services, Insurance regulatory activity: Proposed Second Amendment to 11 NYCRR 163 (Regulation 153), State Register publication September 9, 2026; comment deadline November 9, 2026.
- New York State Department of Financial Services, Proposed Second Amendment to 11 NYCRR 163: Regulatory Text, September 2026.
- New York State Department of Financial Services, Insurance Circular Letter No. 3 (2026): Motor Vehicle Insurance Reforms, July 1, 2026. This letter explains that rate filings submitted before November 27 remain subject to the current flex-rating provisions.
- New York State Department of Financial Services, Governor Hochul Issues New Guidance to Implement Reforms Aimed at Lowering Auto Insurance Premiums For New Yorkers, July 1, 2026.
- New York State Department of Financial Services, Governor Hochul Secures Reforms to Lower Auto Insurance Premiums for New Yorkers, May 27, 2026.
Last updated: