Legal Question in Insurance Law in California

Insurance Raised Auto Rates on Not At Fault Accident

I was recently in an automobile accident which was caused by another driver. The at-fault driver did not have insurance nor a driver's license. My car was determined to be a total loss and I suffered broken bones and back injuries.

Since this accident, my insurance company has raised my insurance rate by over $200 per month. Can they legally raise my rate when they have already freed me from blame on the accident? I do not had any other infractions on my record which would warrant such an increase.


Asked on 9/19/04, 10:24 am

3 Answers from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian

Re: Insurance Raised Auto Rates on Not At Fault Accident

It does not seem right that they have raised your rate. You were a fault-free driver and you should not agree with this type of unfair practice.

I suggest you write to your insurance carrier and demand a written reply as to why your rate was increased? If the reply you receive, which should be in 30 days or less, in unsatisfactory then you should immediately contact california Department of Insurance for assistance.

Lastly, your carrier may be guilty of bad faith and unfair business practices which should be researched. Let me know if I can help.

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Answered on 10/04/04, 1:33 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Insurance Raised Auto Rates on Not At Fault Accident

I sincerely hope that by now you have retained an attorney to handle the claim for broken bones, etc. against your own insurance company under your uninsured motorist coverage (this is included in your policy). It is this potential claim that has caused your rates to go up. But the extra cost will be offset by what you eventually recover for your UM claim. Remember that there are strict time limits (usually 1 year) for perfecting your UM claim. The attorney you retain will know how to do this. Be sure the attorney you retain has specific experience doing uninsured motorist arbitrations.

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Answered on 9/22/04, 3:49 pm
Sargis Atanous LAW OFFICE OF SARGIS G. ATANOUS

Re: Insurance Raised Auto Rates on Not At Fault Accident

I am sorry to hear about your injuries. Unfortunately, as unfair as this is, insurance companies use these tactics. You should immediately retain an attorney to put pressure on your own company and settle your case with you under your Uninsured Motorist coverage. Please contact me if you need help with this. Thanks for your question and good luck.

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Answered on 9/22/04, 3:53 pm


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