Will my car insurance rates go up after an accident if it wasn’t my fault?

Sometimes car insurance rates go up after an accident in Arvada or elsewhere in Colorado, even when the policyholder is not at fault. This depends on the insurer and other factors.

Reasons car insurance rates rise after accident when not at fault:

• High risk driver. One reason for an increase in rates is the insurance company considers you a high risk. Even if this particular accident wasn’t your fault, a history of traffic violations or accidents may influence the decision to raise premiums. Also, if you live in an area where accidents are common, the insurer may consider you high risk.

 

• Serious crash. When an insurer has to pay out a substantial amount of money on a claim, rates may increase. This can happen when an accident causes significant injury and/or property damage.

 

• Partial fault. Even if the other driver was mostly responsible for the crash, a small degree of fault could impact rates. It might not matter how little you contributed to it, the insurer may still raise your premium.

 

• Other driver not insured or doesn’t carry enough coverage. If you carry uninsured motorist coverage and have to use that because the other driver didn’t have insurance, this could cause rates to go up. The same is true if the other driver’s coverage isn’t enough to pay for your damages, forcing you to turn to your underinsured motorist coverage.

Filing a Claim When Not at Fault for an Accident

Colorado is an at-fault state, which means the insurer of the negligent driver pays for damages. Liability for certain accidents is easier to determine than others. For instance, a left turn accident is almost always the fault of the person who made the turn. Of course, there are exceptions to this.

Another example is with a rear-end accident, which is usually the fault of the person who struck the back of the vehicle. Again, some exceptions apply. But in general the driver following should allow enough space between the vehicles to avoid a collision.

Fault is also easier to establish when there’s a violation of traffic laws. An example is when someone doesn’t yield the right-of-way. An accident report can help establish liability. The more information it contains, the better. Some might show the other driver had received a ticket or include an officer’s opinion on what he/she believed caused the crash. Other car accident evidence will also be important.

However, not all accidents are so clear-cut when it comes to liability. It’s important to gather adequate evidence. Not only may it avoid an increase in insurance rates but it could also impact compensation.

Once someone’s degree of fault reaches 50 percent, he/she can’t recover damages in Colorado. And of course, anything below that will affect the amount recoverable. So when someone suffers serious injuries, it’s a good idea to talk with an attorney.

Contact the Law Office of D.J. Banovitz to set up a consultation with a lawyer who can help you establish liability and pursue fair compensation for your damages after an Arvada crash. Call 303-300-5060 or contact us online.