This means that a carrier will open themselves up to a potential bad faith lawsuit if they raise your rates after you bring a personal injury claim when you are not “substantially” at fault for the accident. Insurance carriers are very careful to avoid bad faith litigation because the costs for losing a case can be dramatic to their bottom line. Thus, while it is theoretically possible that your rates could go up, most reputable insurance companies would not engage in such tactics.

You should not be worried about having your rates go up as long if you were not at fault or only minorly contributed to the accident. This is why it is important to consult an attorney so that you can ensure that (1) you were not at fault or (2) not contribute substantially to the accident.

Please consult us if you are worried about having your rates go up for an automobile accident or another person’s rates going up. We would be happy to discuss the legal implications of your decisions.

Note: that the above information is also applicable to filing a Personal Injury Protection (PIP) no fault claim against your own insurance company. 

Sincerely,

Kyle Harris Esq.