It is common for accident victims to fear that their insurance coverage rates might increase. They are not unjustified in believing that. It is a common practice in some states for an auto insurance company to increase your insurance premium in the event of an accident.
Even more so, when California is one of the states with the highest automobile insurance costs in the country, having a hike in your coverage costs can put a heavy dent in your finances.
While there is a common myth that just filling a bodily injury or car accident claim with your contact information will make your insurance provider hike up your rate. This is false and is perpetuated by insurance adjusters and insurance companies to take advantage of your suffering.
There are laws and provisions that protect the consumers in California against insurance rates hikes.
In this article, we will discuss:
- Laws in California regarding auto insurance rates
- Negligence laws in California and how it can affect your insurance rates
- Seek full compensation for your injuries and damages
Laws in California Regarding Auto Insurance Rates
Under the Good Driver Discount provisions of the California insurance Code 1861.02, auto insurance rates for policyholders are determined by the following:
- The insured’s driving safety record
- Years of driving experience
- The miles they have driven annually
When considering these, the most important factor for determining your car insurance rates is the driver’s safety record.
Negligence Laws in California and How it Can Affect Your Insurance Rates
The question still stands: will my insurance go up if it wasn’t my fault?
If you were involved in a motor vehicle accident resulting in vehicle damage and physical injury but you were not at fault in an accident, your premium rate shouldn’t go up. Yet, you must take into account that California is not a no-fault state for auto accidents. Therefore, determining the responsible party is done differently. This law argues that sometimes, a traffic accident is not the product of a single party’s actions, and both drivers involved can be considered at fault for the incident.
Let us help you understand this better with an example:
Jane is approaching an intersection where she wants to make a left-hand turn. She forgets to turn her lights on to signal the cars behind her and begins to slow down as she approaches the crossing.
John behind her is talking on his mobile phone and not paying full attention to the road ahead, he fails to notice Jane slowing down and rear ends her as they both approach the intersection.
In this case, John is clearly the at-fault driver for distracted driving, but because Jane didn’t use her turn signals to show others her intentions to turn left, one can argue that she isn’t completely blameless either.
This is an example of how comparative negligence works. Even if John is “principally at fault” for being a negligent driver, Jane not using her turn signals made her “partially at fault” for the accident.
In a California auto insurance accident claim, when a situation like this happens, the partially at-fault party would be assigned a percentage of fault and be charged with the damages accordingly.
Now, going back to how it would affect Jane’s insurance rates, the operative concept by which California law determines insurance premiums increase is being; “principally at fault” for an accident.
The California insurance code dictates that the party that had more than 51% of fault in the accident is deemed to be principally at fault. In our example, because John is on the phone while driving instead of paying attention to the road, he can be deemed to be principally at fault.
Jane is partially to blame for the accident for not using her signal lights, but if John hadn’t been distracted, it would have been very easy to see Jane slow down and act accordingly.
Seek Full Compensation For Your Injuries and Damages
Fortunately, California offers a favorable environment for consumers when it comes to insurance rates. In 1988, Proposition 103 was enacted to shield motorists from experiencing rate hikes when they are not primarily responsible for accidents.
Rest assured, if you maintain a clean driving record or are found to be less than 51% at fault in an accident, you need not worry about your insurance premiums rising as a result of filing an accident or collision claim.
However, it’s essential to be aware that insurance carriers may attempt to dissuade you from pursuing an accident claim, even if the majority of the blame lies elsewhere. Taking action and filing a claim against your auto insurance policy is crucial to secure the fair accident compensation you deserve. This compensation can encompass various types of damages, including economic, non-economic, and even punitive damages.
Here’s a breakdown of these damages:
- Economic Damages: These are tangible financial losses resulting from the accident. They cover expenses such as medical bills for your present and future treatments, the cost of vehicle repairs, lost wages due to injury-related work absences, and other out-of-pocket costs directly related to the accident.
- Non-Economic Damages: These damages are less tangible but equally significant. They encompass the pain and suffering, emotional distress, loss of enjoyment of life, and the overall decline in your quality of life due to the accident. Calculating non-economic damages often requires the expertise of a skilled personal injury attorney who can help you determine a fair value for your suffering.
- Punitive Damages: In cases of extreme negligence or intentional misconduct by the at-fault party, punitive damages may be awarded. These damages are intended to punish the wrongdoer and serve as a deterrent to prevent similar behavior in the future.
As the injured party, you have the legal right to seek professional representation to navigate your auto insurance claim effectively. If you’ve sustained severe injuries, the importance of having an experienced personal injury attorney by your side cannot be overstated. They can help you evaluate the full extent of your damages, negotiate with insurance companies, and, if necessary, take legal action to ensure you receive the compensation you rightfully deserve.
Here are some key reasons why their assistance is invaluable:
- Assessment of Damages: A seasoned personal injury attorney has the expertise to assess the full extent of your damages comprehensively. They can identify both economic and non-economic losses that you might not have considered. This meticulous evaluation ensures that you pursue compensation that truly reflects the impact of the accident on your life.
- Negotiating with Insurance Companies: Dealing with insurance companies can be challenging. They often aim to minimize payouts and protect their bottom line. An attorney knows the tactics insurers use and can skillfully negotiate on your behalf to secure a fair settlement. This can make a substantial difference in the amount of compensation you ultimately receive.
- Legal Expertise: If your case becomes complicated or contentious, an experienced attorney can take legal action on your behalf. This includes filing a lawsuit and representing you in court, if necessary. Their legal knowledge and courtroom experience can be crucial in ensuring your rights are protected and that you receive the compensation you rightfully deserve.
- Managing Complex Documentation: Personal injury claims involve a substantial amount of paperwork and documentation. Your attorney will handle the administrative aspects of your case, ensuring that all necessary forms are filed correctly and within deadlines. This attention to detail is vital in maintaining the integrity of your claim.
- Access to Resources: A reputable personal injury attorney often has access to a network of experts, including medical professionals and accident reconstruction specialists. These experts can provide testimony or assessments that strengthen your case, further bolstering your chances of obtaining fair compensation.
What Do You Need to Strengthen Your Claim?
By compiling and presenting this evidence, you can significantly strengthen your claim and improve your chances of receiving fair compensation, whether for major or minor injuries and losses. Significant pieces of evidence include:
- Medical Records: Provide medical records, including medical costs and reports, to demonstrate the extent of your injuries and medical treatment.
- Photographic Evidence: Submit photos of your injuries, if applicable, as well as any property damage caused by the accident. You can also include photos of the road conditions during the incident.
- Witness Statements: Include statements from any witnesses who can corroborate your account of the accident.
- Accident Report: Furnish the official accident or police report, which provides an objective account of the incident.
- Expert Opinions: If necessary, obtain expert opinions from accident reconstruction specialists, medical professionals, or other experts relevant to your case.
- Proof of Expenses: Keep records of all accident-related expenses, such as medical bills, repair costs, and transportation costs.
- Lost Income Documentation: If you’ve lost income due to the accident, provide evidence of your income history and the wages you’ve foregone.
- Insurance Policies: Share copies of relevant insurance policies, including auto insurance and health insurance, to demonstrate coverage, benefits, and policy limits.
- Communication Records: Maintain records of all correspondence related to the accident, including emails, letters, and texts with the involved parties and insurance companies.
Injured in an Accident? Consult with Award-Winning Personal Injury Lawyers Today!
Is the question “Will my insurance go up if it wasn’t my fault?” bugging you? Hopefully not as its premium should not go up since you are not the one at fault for the accident. An auto insurance company should not threatening you to raise your insurance rates is one of them. Additionally, they should not try to use dirty tactics to coerce you into foregoing the claims process.
You do not need deal with these accident injuries and insurance adjusters on your own. Hiring an experienced accident lawyer will be in your best help to speeding up the accident claim process.
Farahi Law Firm, APC is here for you! We will not let anyone take advantage of you nor diminish the value of your personal injury lawsuit or claim. We will fight to win you the maximum compensation you deserve.
Our team of expert personal accident attorneys, case managers, and doctors will help. Not only will we handle all the complexities of your case, we will also ensure that you receive the best medical attention, and see that your property damage is repaired.
We work on a contingency fee basis and offer our clients a No Fee Guarantee policy. This means you won’t need to pay a single cent, unless we win your case!
Call us today for a free consultation at (844) 824-2955. We are available 24/7!?
