What Happens To My Car Insurance Following a Crash?

Following a car crash with injuries, clients are justifiably concerned about their insurance rates increasing if they file a claim through their own insurance.   Insurance is already expensive; the last thing you need is for your insurance rates to increase from a crash that isn’t your fault. 

Good news.   In Florida, insurance companies are prohibited from raising your rates solely based on an accident that wasn’t your fault.  Florida Statutes § 626.9541(1)(o)(3.a) prohibits insurers from increasing premiums or canceling policies due to an accident where the insured was not substantially at fault. This includes any premium increase for liability, PIP, medical payments, or collision coverage.

Stated another way, if you are involved in a crash that isn’t substantially your fault (more than 50%), the insurance company cannot raise your rates or cancel your coverage for:

1. Using your PIP coverage or Medical Payments coverage to pay for your medical bills. 
2. Using your collision coverage to repair or total your vehicle.

An insurance company can, however, raise rates for a number of other factors such as:  claims history (accidents where you were found at-fault), vehicle type, driving record, location, inflation, credit score, demographic factors (age, gender, etc.), adding drivers, more than three accidents in three years regardless of who was at-fault. 

Penalizing you for using your PIP coverage, Medical Payments coverage or collision coverage for a crash that is not your fault, is off-limits, however.

Need More Help? Contact Lyons & Snyder Today

Navigating insurance following a crash with injuries can be confusing.   Sometimes it is beneficial to repair your vehicle through your auto insurance as opposed to waiting for the at-fault insurance to decide on liability.   Let us explain why.

Injured in a car crash where your vehicle needs to be repaired? Please call us at 954.462.8035 for a free consultation.

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