A non-fault claim generally has a minimal impact on insurance premiums compared to at-fault claims, but it can still cause rates to rise by roughly 10% on average. While some states and insurers may not increase premiums at all, others may raise them if the incident indicates a higher risk, such as multiple claims in a short period.
Even if you have a 'non-fault' claim, your insurance premiums may increase.
Unfortunately, your car insurance rates can increase after a car accident, even if another driver is found to be at fault. Some insurance companies increase drivers' rates after an accident, no matter who caused it. Other companies only increase a driver's rate if they bear a majority of the fault for an accident.
Liability Insurance
If you are not at fault, the other driver's liability coverage should compensate you for repairs, medical costs, and other expenses. Knowing the limits of the at-fault driver's liability coverage is important as it can affect your compensation.
Because California is a fault state, insurance providers generally may not raise your rates for an accident if you are found not principally at fault. So no, generally your rates will not increase after an accident that the other driver caused.
How to Prove an Accident Wasn't Your Fault in 5 Steps
When talking to an insurance adjuster, avoid admitting fault, speculating on the cause or extent of injuries/damages, giving recorded statements without legal advice, and volunteering extra information like past injuries or unrelated details, as anything said can be used to minimize your claim; instead, stick to basic facts, remain polite but brief, and consider getting legal counsel. Don't sign anything without review, and avoid saying you're "fine" or "okay" immediately after an incident.
If you're involved in an auto accident—whether a single-car accident or with another driver—it's generally best to file a claim. This is especially true if the accident resulted in: Bodily injuries—to you, passengers, other drivers, or pedestrians. Vehicle damage.
Drawbacks of a No Fault System
No compensation for pain and suffering, paralysis, or other non-economic damages; arbitrary limits are imposed. Under pure no-fault and choice systems, bad drivers are protected because they cannot be sued for the damages they cause. Thus, there's no incentive to be a good driver.
A “good” figure is one that fairly compensates the victim for all losses incurred due to the accident, including medical bills, ongoing treatment, future medical bills, lost wages, and pain and suffering.
In some cases, if the amount is quite small, you may not want to make a claim because if you do so your future premiums could increase by more than the amount you have claimed. However, it's a good idea to make an insurance claim if someone has been injured.
Insurance companies determine fault by having adjusters investigate, gathering evidence like police reports, witness statements, photos, and videos, analyzing vehicle damage and skid marks, and applying state traffic laws and negligence principles, often resulting in shared fault (comparative negligence) if multiple parties contributed.
The insurance contracts in no-fault states ensure coverage no matter who bears responsibility for the car accident. Generally, all parties in the accident may receive funding to help them recover, thus limiting the option for a driver to be sued for a no-fault accident.
A not-at-fault accident can still increase your insurance because insurers see it as a sign of higher future risk, indicating you're statistically more likely to have another claim, even if you weren't to blame for the first one; they also consider administrative costs and your overall claims history, and some states allow rate hikes for any accident involvement to cover these increased risk factors.
A non-fault claim occurs when you're not to blame, allowing your insurer to recover costs from the at-fault driver's insurance. If there is no other driver (like if you hit a wild animal or in a hit-and-run), you may be found responsible, and this will be a fault claim because insurers can't recover costs.
After a claim, insurance rates can rise anywhere from 0% to over 50%, depending heavily on fault (at-fault claims cause bigger hikes), the claim's severity (injuries, major damage cost more), your driving record, the type of claim (comprehensive vs. at-fault), your insurer, and location. At-fault accidents often lead to 20-50%+ increases for several years, while not-at-fault or comprehensive claims (like hail, theft) usually result in smaller, if any, increases.
You can negotiate with the insurance company after a car accident. However, negotiating without help on your side from a legal professional can decrease your chances of getting fair compensation for all of your losses.
A not-at-fault accident can still increase your insurance because insurers see it as a sign of higher future risk, indicating you're statistically more likely to have another claim, even if you weren't to blame for the first one; they also consider administrative costs and your overall claims history, and some states allow rate hikes for any accident involvement to cover these increased risk factors.