Will My Car Insurance Go Up If I Wasn’t At Fault?

Were you recently involved in a Georgia car accident? If so, you might be worried about how the crash could affect your auto insurance rates, even though you weren’t at fault.

Georgia law says insurers can’t raise your premiums after a multi-vehicle accident you didn’t cause. However, some companies might try to do so anyway and hope you won’t push back. 

Insurance companies don’t always explain their decisions clearly, and it might feel like you have no control, but you don’t have to handle this alone. A knowledgeable car accident lawyer can look at your policy, review the facts, and help you fight back if your insurer raised your rates in violation of the law.

What Are Georgia’s Laws on Insurance Rates?

Georgia law sets clear rules for how insurance companies can set rates. Section 33-9-4 of the Georgia Code explicitly requires insurance companies to keep rates fair. They cannot charge rates that are too high, too low, or unfair compared to others in similar situations. Rates must reflect the cost of covering claims, the company’s expenses, and other real-world factors like accident history and location.

The law allows companies to group drivers into classes when setting rates. For example, drivers with different driving records or living in other areas might pay different amounts. However, companies must apply the same rules to everyone in the same group.

Georgia Code § 33-9-40 gives drivers extra protection. Under the law, an insurance company cannot raise your rate or cancel your policy after a multi-vehicle accident if you were not at fault. So, if someone else caused a crash that affected you, your insurer cannot blame you or charge you more for it.

If a company breaks these rules, it could face penalties. Drivers in Georgia have the right to ask questions about how their insurers set rates and to challenge increases they believe violate the law.

Could My Insurance Rates Still Be Increased Even If I Wasn’t At Fault?

Yes, your insurance rates could still increase even if you didn’t cause the accident. Georgia law protects you in some situations, but not all. State law says your insurer cannot raise your rates or cancel your policy if you were not at fault in a multi-vehicle accident. This law applies in many common crash situations.

However, the law doesn’t cover every type of accident. For example, if the accident involved only your car, your insurer might still raise your rates. If you ran into an animal crossing the road or struck a tree while driving, your rates could still increase even if you weren’t at fault. Also, if the evidence suggests you share even a small part of the blame in a crash with another vehicle, your insurance rates could rise. Your insurer might also increase rates for unrelated reasons. For example, if your area has more claims overall, that could lead to higher rates for everyone.

Can I Challenge a Rate Increase by My Insurance Company?

Yes. If your premium goes up after an accident, and you don’t know why, you can ask your insurer for an explanation. They must give you a clear reason. If they raised your rate after a multi-vehicle accident for which you were not at fault, they might have violated Georgia law.

If the company refuses to fix the issue, you can work with your attorney to file a complaint with the Georgia Office of the Commissioner of Insurance and Fire Safety. The state may review your case and contact the company for more information.

You can also compare quotes from other companies to see if you can find a better rate. If another company offers you a better deal, you can switch. However, before you change insurers, ensure your new policy starts right after the old one ends so you don’t have a coverage gap. Always review your policy carefully and ask questions if something looks wrong.

Am I Required to Report a Car Accident to My Insurance Company If I Wasn’t At Fault?

Yes, you should report every accident to your insurer, even if you didn’t cause it. Most insurance policies require you to report all accidents within a specific time. If you wait too long or don’t report it, your insurer might deny coverage later, especially if the other driver blames you or files a claim against you.

When you contact your insurer, stick to the basic facts. Share the time, date, location, and any contact or insurance details from the other driver. Avoid guessing or offering extra information that the company doesn’t ask for. Your goal is to meet the terms of your policy, not to give your provider reasons to deny your claim.

If your insurer gives you a hard time or tries to shift the blame onto you, speak with a lawyer before providing further statements or signing anything.

How Do I File an Insurance Claim Against the At-Fault Driver?

You must contact the other driver’s insurance company to file a claim against them. Start by getting their insurance information at the scene of the accident. Then, call their insurer and report the crash. You must provide details like the crash’s date, time, location, and a summary of what happened. You should also give them the police report number if you have it.

The other driver’s insurer will assign a claims adjuster to your case. That person might ask for photos, repair estimates, and a recorded statement. Avoid giving a recorded statement or accepting any settlement offers before you speak with an attorney.

Keep records of every conversation and document related to your claim. If the at-fault driver’s insurer refuses to pay or delays the claim, you can talk to your attorney about using your own coverage and seeking reimbursement from the at-fault driver later on.

Contact a Georgia Car Accident Lawyer

Think your insurance company raised your rates after a crash that wasn’t your fault? Struggling to get the compensation you need from the at-fault driver’s insurance? Contact R. Alan Cleveland, LLC today for a free consultation. We’ll review your situation, explain your options, and help you decide what to do next. We have secured more than $150 million in compensation for our clients, and we’re here to help you demand the financial recovery you deserve.