Auto accidents are stressful, and dealing with the aftermath of a collision can be as frustrating and inconvenient as the accident itself. Fault is one of the most important factors in a car accident, especially when dealing with insurance claims later on. If you were involved in an accident that wasn’t your fault, you may be wondering whether your insurance rates will go up. For more information and to obtain skilled representation during your claim or lawsuit, consult with an experienced San Mateo County, California motor vehicle accident lawyer today.
Is California a No-Fault Accident State?
While many states are transitioning to no-fault laws, California follows a fault-based system. This means that the driver who was responsible for causing an accident is generally liable for the associated damages, rather than no-fault statutes, in which each driver files a claim with their own insurance company regardless of fault.
If you were involved in a car accident that was the other driver’s fault, you would typically file a claim with the at-fault driver’s insurance company. You can also file a claim with your own insurance provider through collision coverage or uninsured motorist coverage, but in general, you have the right to pursue a claim through the negligent party.
Will My Insurance Rates Go Up if the Accident Wasn’t My Fault?
When a driver causes an accident, whether through their recklessness or negligent behavior, it is safe to assume that their insurance rates will increase. But what if the accident wasn’t your fault?
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.
However, depending on the specific circumstances, other legal principles may come into play.
When Can Insurance Rates Increase After a Not-At-Fault Accident?
While your insurance may be prohibited from raising your rates when you are not responsible, there are circumstances in which your contributions to the accident may result in an increase in your rates.
Situations Where Rates May Still Change
- You are partially responsible for the accident
- You filed a claim under your own collision coverage
- You have prior at-fault accidents or driving violations
What Is Comparative Negligence?
Comparative negligence is a legal concept that allows multiple parties to share liability for an accident. Under California’s comparative negligence laws, even if the accident was mostly caused by the other driver, if you contributed in any way, then you can be assigned a percentage of the blame. Subsequently, your compensation would be reduced by your determined percentage of fault.
If the accident was not your fault, then it is less likely that your insurance rates will go up. However, if you are assigned even 1% responsibility for the crash, it is possible that you will see a slight increase.
You could be allocated a percentage of the blame for a crash if you were negligent in some way that made the accident or damages worse. For example, if the other driver ran a red light and collided with your vehicle, they will face the majority of the blame. However, if you were speeding or not wearing a seatbelt, it likely exacerbated the collision and your injuries, and thus you would be found partially at fault for your damages.
It is important to note that even if you are partially at fault, you can still collect compensation. However, you can incur consequences like an increase in insurance premiums. For more information, consult with a knowledgeable attorney today.
How Comparative Fault Can Affect Insurance Premiums
As mentioned, California’s comparative fault system means that a driver who is found to have contributed to a collision in any capacity may face some liability. It’s important to understand that insurance companies will consider fault not only when examining liability claims, but also when assessing future risk. Any contribution to a collision can make you appear as a high-risk driver, which may impact your premiums when your policy renews.
As such, while you may not face an immediate rate hike if you are not at fault, you may find that this can increase your overall premium later.
What Should I Do After an Accident That Wasn’t My Fault?
If you have been hit by a negligent driver in San Mateo County, taking the appropriate steps is critical to fighting for the compensation and justice you deserve.
Steps to Take Following a Collision
- Call the police
- Seek immediate medical attention
- Document the scene (photos and videos)
- Exchange insurance information with the other parties involved
- Inform your insurance company (refrain from speculating about fault)
- Speak with a California accident attorney
Contact an Experienced Central California Car Crash Attorney
When you are injured in a collision that you were not at fault for, navigating the aftermath of this matter can be incredibly difficult. As such, it is in your best interest to work with an experienced attorney with the Law Office of Allister R. Liao, P.C. Our dedicated personal injury firm understands how overwhelming the process of filing a claim can be, which is why our team is dedicated to helping you fight for the best possible outcome during these difficult times. As such, if you need legal assistance, do not hesitate to contact our firm today.