In Virginia, car insurance rates are much higher than in other parts of the country. Insurance fees are a major expense for many families. So, it’s only natural to want to avoid doing anything that could cause your car insurance rates to go up.
Statistics show that insurance rates can increase between 20-50% after an accident. That makes many people hesitate to file a claim after an accident, even if they’ve been injured. However, it is the circumstances that matter in determining the effect on your car insurance rates, and the laws provide some protection against unfair rate increases after an accident claim.
If you’ve been injured in a car accident, you may be concerned about how it could impact your car insurance rates and what to do if the insurance company contacts you. At Jennifer Porter Law, PLLC, our team of experienced Northern Virginia car accident attorneys can guide you through the claims process, help minimize the effects on your insurance, and advise you on how to handle communication with insurers. Contact us today at (571) 532-9070 for a free consultation.
Fault Matters, Particularly in Virginia
Lawmakers in Virginia have enacted a statute that prohibits insurance companies from increasing your premium or charging points under a safe driver insurance plan due to an accident unless the accident was caused by a policyholder, a resident of their household, or someone else who has been regularly allowed to operate the vehicle. In addition, if the person who caused the accident is covered under a separate policy, the insurance company is also prohibited from raising the rates of the vehicle owner.
This means that if you or your authorized drivers were not at fault for the accident, you can file a claim for damages caused by an uninsured or underinsured motorist without your rates being increased based on that claim. Additionally, Virginia law ensures that rates cannot be increased solely based on Personal Injury Protection (PIP) claims. However, if the insured party is at fault for the accident, rate increases may apply, but they tend to be smaller than those following accidents where the insured is found to be at fault.
Filing a Claim with Another Driver’s Insurance Should Not Impact Your Rates
If you are seeking compensation from another driver’s insurance company, a lawsuit or settlement will not affect your car insurance at all. So, if you are working with a personal lawyer on a claim based on an accident caused by another individual, you don’t need to worry about the effect on your insurance.
However, you do need to be concerned about what you say to the other driver’s insurance company because they will be looking for any possible reason to deny your claim. It is wise to let your attorney handle communications with the insurance company to avoid jeopardizing your claim.
How Much Does Insurance Go Up After a Claim?
When a car insurance claim is filed following an accident, policyholders often see an increase in their premium rates. The extent of this increase depends on several factors including the nature and severity of the accident, the total cost of the claim, and the driver’s previous claims history and driving record.
Typically, drivers who are found at fault for an accident may see a more significant increase in their premiums, as insurers consider them higher risk. On average, if you are at fault, your insurance rates may increase by 20% to 50%, with premiums generally remaining higher for three to five years as insurers reassess your risk based on your claims history. However, this is a general guideline, and the actual increase could vary depending on your specific circumstances.
In Virginia, while state law does not prohibit insurers from raising premiums for at-fault accidents, it does provide protections for drivers who are not at fault. Virginia law prohibits insurers from increasing premiums solely because a driver files a claim for an accident they did not cause. This protection ensures that victims of accidents can file claims without fearing financial penalties through higher premiums. Additionally, some insurers may offer “accident forgiveness” programs, which could prevent a rate hike after a first-time accident, especially for drivers with a clean record.
Virginia’s state laws also require insurers to notify policyholders of any premium adjustments, offering transparency about rate changes. Additionally, discounts for safe driving may be lost after a claim, further affecting the overall cost of insurance.
For drivers in Fairfax, Virginia, it is important to review your insurance policy and discuss your options with your insurance agent after filing a claim. Understanding the specifics of your insurance coverage and how claims affect your premiums will help you manage your policy more effectively and possibly mitigate the financial impact of future claims.
Determining Fault in a Car Accident
There are many methods that can be used to determine fault—accurately or inaccurately—for a car accident. If a driver says something at the accident scene such as “I’m sorry,” or “I didn’t see you,” these statements could be used as evidence that the driver was at fault. Even statements taken out of context can be used as self-determined fault.
When the police file a report after an accident, the observations and opinions of the police officer carry great weight in assessing fault for an accident. The report may include a diagram of the accident scene and the statements of witnesses and those involved in the accident. If police do not take a report at the scene of an accident, it is a good idea to file a report on your own because then you can officially submit your side of the story for the official record and it can make it harder for the other driver to make a contradictory claim.
Insurance companies also have their own methods of assessing and negotiating fault issues among themselves. When they can’t reach their own agreement, they may settle the issue through arbitration.
Sometimes the only fair way to determine fault for a car accident is to bring all the evidence to court and let the jury or judge weigh that evidence and make an unbiased decision. In these situations, advocacy from an experienced personal injury lawyer can make a huge impact because a skilled attorney will know how to uncover and present evidence to support your case persuasively.
| Methods to Determine Fault in a Car Accident | Description |
|---|---|
| Driver Statements | Admissions or comments made by drivers at the scene may be considered evidence of fault. |
| Police Reports | Official documentation and opinions from responding officers are often critical in fault determination. |
| Insurance Assessments | Insurance companies evaluate claims and negotiate fault through internal methods or arbitration. |
| Court Decisions | Judges or juries weigh evidence when disputes cannot be resolved by other means. |
Talk to Jennifer Porter Law, PLLC About Your Claim After a Car Accident
The dedicated team at Jennifer Porter Law, PLLC can demonstrate fault for an accident and work effectively to help you recover the compensation you deserve for your pain, suffering, lost wages, medical bills, and future needs. For a free consultation to discuss your claim for an accident, contact our team online or call us at (571) 532-9070 today.
