Phoenix Personal Injury Lawyer Blog

WILL YOUR INSURANCE RATES GO UP IF YOU ARE IN A CAR ACCIDENT THAT WASN'T YOUR FAULT?

Posted by Jay L. Ciulla | May 24, 2016 | 0 Comments

You are stopped waiting for a light to change and you hear the dreaded crunch of a rear-end collision. You are T-boned by an SUV running a red light. You are struck by a careless driver exiting a private driveway to turn left. It wasn't your fault. Do your insurance rates go up if you report a claim?

The short answer is NO! 

According to A.R.S. § 20-263(A):

No insurer shall increase the motor vehicle insurance premium of an insured as a result of an accident not caused or significantly contributed to by the actions of the insured. Any insurer which increases the premium as a result of accident involvement shall notify the insured of the reason for such increase.

In the event that your insurance company does raise your rates because of a crash in which you were not at fault, you may dispute the increase. According to A.R.S. § 20-263(B):

The director (of Arizona Department of Insurance), after a hearing, shall order an insurer that has raised the premium of an insured in violation of subsection A to refund the amount attributable to such premium increase and shall impose a civil penalty not to exceed three hundred dollars.

The insurance industry has done a good job making people afraid of making valid claims, such as for medical payments, collision, uninsured and underinsured motorist claims, that are completely legally justified. You paid hard-earned money for this coverage; what good is insurance if you are afraid to use it? 

So drive defensively, but do not live in fear of your insurance premiums rising if you are not at fault in a collision. It is simply another urban legend.

About the Author

Jay L. Ciulla

Jay L. Ciulla is a native of Phoenix, Arizona. Since 1997, he has been helping injured injured people with their legal issues. He has extensive litigation and trial experience and has represented clients in more than one hundred trials.

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El abogado se enorgullece de ofrecer servicios en espanol y el más alto nivel de atención personal en accidentes de auto y casos de lesion personal. SU CONSULTA ES GRATIS.

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