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Does a Personal Injury Claim Affect Your Insurance Rate?

November 17, 2021 By Flora Templeton Stuart

Being involved in a serious car accident can be devastating for a number of reasons. Not only can it cause serious damage to your car, but even seemingly minor accidents can leave you with severe injuries that can result in high medical bills and time off of work. Of course, when considering the potential ramifications of a car accident in which bodily injury occurred, you may find yourself wondering if your car insurance rates will be affected as well.

Unfortunately, if you are found to be at fault for an accident in which one or both drivers suffered injuries, you may see an increase in your insurance premium; however, the exact amount you can expect your insurance to go up will depend on a variety of factors including your insurance provider, your driving history, and even the state you live in. If you have recently been involved in a serious accident that involved bodily injury, keep reading to learn more about what you should expect and steps that you can take to prevent your insurance rate from skyrocketing.

If the accident was not your fault, your insurance costs should not increase, and damages usually will not be paid by your own company.

What’s In This Article:

Will Filing a Personal Injury Claim Cause My Insurance to Go Up?

If you were involved in an accident in which one or both drivers were injured, the first question you will likely find yourself asking is whether filing a personal injury claim will cause your insurance to go up. Ultimately, this depends on whether or not you have been deemed at fault for the accident. Many insurance providers will check to see if a policyholder was at least 50% at fault for an accident when determining who is liable for injuries resulting from an auto accident.

If you do not meet this threshold, your insurance rates likely won’t be affected, as the other driver will be considered at fault. If you are found to be at fault for the accident, then it is likely that your rates will go up. However, this will depend on your insurance provider and driving history, as some insurers provide accident forgiveness to drivers with a clean record. Ultimately, if the other driver is proven to be at fault, your rates likely will not go up, and you cannot be denied insurance coverage because of your personal injury claim.

How Can I Prove I Wasn’t At Fault?

Considering that determining which driver is at fault will play a critical role in your future insurance rates, you will likely have a vested interest in proving that the other driver was at fault for your accident. Unfortunately, proving fault following an auto accident can be tricky, and just because you believe the other driver was at fault and should be liable for your injuries does not mean that they will see it that way. In fact, it is likely that the other driver’s insurance company will work hard to prove that they are not at fault.

The burden of proof will then be on you to prove the other driver’s liability, which is why it is important that you document everything following an accident. Having a copy of the police report and taking pictures of the accident scene can all be vital in helping your insurance company prove the other driver’s negligence. You may also want to consider working with a personal injury attorney if liability is in question, as an experienced attorney can help gather evidence highlighting the other driver’s negligence.

[LEARN MORE]: How Do I Choose a Good Personal Injury Lawyer?

In most cases, the police will issue an accident report that assigns fault. Also, witnesses may be listed on the report to help establish liability.

How Much Can I Expect My Insurance to Go Up?

So, how much can you expect your insurance to go up following a personal injury claim if you are determined to be the at-fault driver? As we previously mentioned, this will depend on a variety of factors, as some insurers are known to be more lenient than others, particularly if a driver has a clean record.

Believe it or not, even the state you live in affects how much you can expect your insurance premium to increase after a personal injury claim. If you are worried about how much your insurance may go up following an accident, and you don’t want to wait till your policy renewal to find out how much it has gone up, you may want to consider asking your insurance provider for a new quote. Having a good insurance company is very important and can have a serious impact on rate increases.

How Long Does an Accident Stay on My Insurance?

If you are ultimately found liable for an accident resulting in personal injury claims, and you see an increase in your insurance, you will likely find yourself wondering how long you can expect this rate increase to last. Fortunately, rate increases following an accident are not permanent. These surcharges are merely meant to protect the insurance company, as insurers have found that drivers who were recently involved in an at-fault car accident are more likely to make another claim.

Thusly, the next time you go to renew your insurance following your accident, you will likely notice a significant increase in your premium. However, this accident will only stay on your record for 3-5 years, and your premium will likely return to normal after this period. However, the length of time an accident stays on your record will depend on the state you live in.

Are There Steps that I Can Take to Reduce My Insurance Premium?

Finding yourself facing a steep rate increase following an accident can leave you worried about how you will make ends meet. Fortunately, you may have options that can help you to reduce your insurance premium, and it can be helpful to talk to your insurance provider to see if there is anything that you can do to reduce your insurance payments. The fact is that a variety of factors influence your insurance premium, and you may be able to lower your rate by:

  • Raising Your Deductible: While this is a risky approach as it would mean paying more out of pocket should you get in another accident, raising your deductible is an easy way to reduce your insurance premium. Generally speaking, the higher your deductible, the lower your premium will be, so increasing your deductible may be a good temporary solution to help keep your insurance payments low following an accident.
  • Reducing Coverage: While this is also a risky move, reducing your insurance coverage is another easy way to reduce your premium if you absolutely have to. Getting less coverage can help to keep your insurance rates down, but it is important that you maintain the minimum coverage required by your state. Talk with a representative from your insurance company to find out what coverage options will work best for you. Coverage to protect yourself against another driver should be kept at maximum. This includes uninsured, underinsured, and PIP insurance in Kentucky. This coverage is relatively inexpensive.
  • Improving Your Credit Score: Depending on the state you live in, your credit score may have an effect on your insurance premium. Paying off debts, making credit card payments on time, and addressing any issues on your credit report could help increase your credit score, which would then reduce your insurance premium.
  • Looking At Other Providers: Of course, it is important to remember that your insurance provider isn’t the only option, and if you are struggling to pay your premium, it may be time to shop around. Car insurance rates can vary wildly from one provider to the next, so it is always a good idea to shop around if you don’t think you are getting the best rate. The fact is that another insurer may treat your situation differently than your current provider, which could result in a lower premium. Be sure to select a reputable company and not just the cheapest option.

Flora Results PageBeing involved in a car accident that results in bodily injury can be extremely stressful, particularly if you are unsure how this accident will affect your insurance premium. However, you do not have to go through this difficult time alone. Consulting a personal injury attorney can be extremely beneficial in ensuring you have someone by your side, particularly if fault is in question.

Flora Templeton Stuart Accident Injury Lawyers has been representing the injured for over 45 years. We have worked personally with most major providers and will get the answers to your insurance questions. Contact us today to learn more about how a personal injury claim can affect your insurance premium.

Author Photo

Flora Templeton Stuart

Flora Templeton Stuart is the lead attorney and founder of the law firm Flora Templeton Stuart Accident Injury Lawyers, established in 1976. Flora goes to work every day to make a difference in her community and the lives of her clients. When you call you will get a personal representation and an attorney who truly cares.