Will My Insurance Rates Go Up Even if I’m Not at Fault After a Los Angeles Car Accident?

California has some of the highest automobile insurance costs in the country, so you’re justifiably concerned when you worry about your premiums increasing after an accident that wasn’t even your fault. It’s unlikely that will happen though because you’ve been protected by section 1861.02 of the California Insurance Code since 1988.

If you were injured in the accident, contact us right away. We are experienced Los Angeles Car Accident Attorneys who will provide you with a free consultation.

Rate determination factors following an accident claim

According to 1861.02, automobile insurance premium rates are only allowed to be set by using the following three factors:

• The driving safety history of the insured person
• How many miles he or she drives every year
• How many years of experience he or she has behind the wheel

The insured person’s safety record is a bigger factor than miles driven per year or experience. That safety record is evaluated by using two factors. First, the insurer wants to know if the insured person has been charged with any traffic violations in the last three years. Secondly, the insurer wants to know if the insured person has been determined to be principally at fault in any accident.

If you were determined to be principally at fault for an accident:
In some states, whether you were principally at fault for an accident is irrelevant. You were in an accident, and that fact alone allows an insurer to raise your rates. The fact that you were in an accident that wasn’t your fault shouldn’t be a reason to increase your premium rates. California understands that. The fact that you were partially at fault for an accident shouldn’t be raised by an insurer either. The key phrase is “principally at fault.” California determines a driver to be principally at fault for an accident if his or her act or failure to act was a minimum of 51 percent of the cause of an accident.

Uninsured and underinsured motorist claims

Section 1861.02 makes it clear that an auto insurer doing business in the State of California shouldn’t raise your rates unless your driving history in the last three years is blemished with one or more moving violations, or you were principally at fault for an accident. Keep this in mind especially if you’re making an uninsured or underinsured motorist claim with your own insurer. It’s going to deny your claim anyways unless the uninsured or underinsured driver was principally at fault for the accident.

We don’t want to see your premium rates increase either. Contact our office for a free consultation and evaluation on any kind of an accident case.

Allen Vaysberg

Allen Vaysberg practices personal injury law and works tirelessly to defeat the tactics of insurance companies and large corporations who try to deny justice and fair compensation to injured people.