If you’ve been involved in a car accident, you probably have many questions about the insurance claims process. And while resolving your claim is likely your first priority, you might also wonder how the accident will affect your insurance rates going forward. Indeed, one of the most frequent questions we receive from clients is whether their insurance company can increase their rates after a car accident. To give the most “lawyerly” answer ever, it depends.
That is, it depends on whether your insurance company (or a jury if your case goes to trial) determines you were “at fault” for the accident. If you are responsible for the accident, your insurer can consider this in calculating your insurance rates. (And most insurers typically do, causing your insurance premiums to skyrocket.)
By contrast, Oklahoma law generally prohibits an auto insurer from increasing your policy premium simply because you have been in an accident that was not your fault. See Okla. Stat. tit. 36, § 941 (“No insurance carrier who issues motor vehicle insurance policies in this state shall assign driving record points, cancel, refuse to issue or renew, or charge a higher premium rate for any motor vehicle liability or collision insurance policy for the reason that the insured has been involved in a motor vehicle collision and was not at fault.”). However, as with all rules, there are potential exceptions and loopholes.
Determining who is “at fault” for a collision is not always straight forward.
As you may suspect, it is not always clear which driver is legally responsible for an accident. In fact, insurance companies often determine that both drivers contributed to a given accident. As an example, if you are involved in a collision caused by another driver, your insurer may still try to pin some responsibility on you if it thinks you contributed to the incident in any way. Perhaps your insurer believes you could have avoided the car that failed to yield and hit you. Or, perhaps you were driving a few miles per hour over the speed limit when the collision occurred. Frankly, there are dozens of possible excuses your insurer might use to find you partly at fault for a collision.
For this reason, it is always wise to retain an experienced attorney who can negotiate with the insurance company on your behalf. Doing so could minimize the chances that you are found partly responsible for a collision and, in turn, keep your insurance rates low. Remember — insurance companies are not on your side. Rather, they exist to make a profit, and they do this by raising insurance premiums and paying as little as possible on claims.
If you have been in a motor vehicle accident and have questions about your claim, contact Stride Law today.