How Much Will My Insurance Go Up With an At-Fault Accident?

How much your insurance will go up with an at-fault accident depends on numerous factors, such as your insurance history and driving record. Depending on the circumstances, your rates could increase by anywhere from 20% to 50%.

However, Virginia law limits the circumstances under which insurers can raise your rates. If you think that your insurer has illegally raised your insurance premiums, you may be able to appeal the increase.

If you have any further questions about insurance rates and at-fault accidents, you can contact a Richmond car accident lawyer to schedule a consultation. An attorney can help you push back against insurer claims of fault and fight for financial compensation for your injuries.

At-Fault Accident Definition

Virginia is an “at-fault” state for car accidents, which means the party who caused the accident is responsible for paying for the other party’s injuries. This is opposed to a “no-fault” system, where each driver’s insurance covers their own injuries, regardless of who is at fault.

In other words, if you are at fault for an accident in Virginia, you are responsible for covering the other party’s losses. The injured party would file a claim through your insurance company for financial compensation. This may include compensation for medical bills, lost wages, property damage, and pain and suffering.

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How Do Insurance Companies Determine Who is At-Fault After an Accident?

Insurance companies determine fault by investigating the accident circumstances for signs of negligence or wrongdoing. Insurance adjusters will consider evidence such as police reports, witness statements, and photos/video recordings to determine who was responsible for the accident.

In most cases, assigning fault comes down to establishing negligence. A driver is negligent if they violate a reasonable standard of care and cause injury to others.

For instance, if you were texting and driving and rear-ended the person in front of you, the insurance company would likely judge you responsible.

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Will My Insurance Go Up With an At-Fault Accident?

If you’re responsible for an accident, it will almost certainly increase your rates. So the next natural question is: How much will my insurance go up with an at-fault accident?

The answer depends on your driving record, insurance history, and the severity of the accident. If you have a clean driving record and the accident causes minimal damage, any rate increase may be small to moderate. If you’ve caused several accidents in the past and cause a major accident, rate increases might be significant.

Keep in mind that rate increases may not be immediate. In most cases, the insurance company will hit you with a higher rate when you renew the policy. Typically, you can expect a rate increase of at least 20% after an at-fault accident, though increases could reach 50% or higher.

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Will My Insurance Go Up if I’m Not At-Fault for the Accident?

In some states, insurance companies can still raise your rates, even if you weren’t at fault for the accident.

Fortunately, Virginia has laws limiting rate increases in certain circumstances. Virginia Code 38.2-1905 prohibits insurers from raising rates after an accident unless the insured driver is wholly or partially at-fault. So if you’re not responsible, your insurance company can’t hike your rates.

Additionally, whenever insurance companies raise your rates, they must give you written notice of the increase and inform you that you have the right to appeal the decision.

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Can I Appeal Rate Increases After an Accident?

If you believe that your insurance company has unlawfully raised your rates, there are a couple of options. First, you can contact the insurance company to ask why the rate increased. In some cases, you may be able to resolve the issue by presenting your own evidence and documentation.

The other option is to file a formal appeal with the state Commissioner of Insurance. Virginia’s insurance laws give you 60 days from receiving the notice of rate increases to request an appeal. When filing an appeal, you can include supporting documentation showing your lack of fault.

What Should I Do After a Car Accident?

The immediate aftermath of an accident can be chaotic, but it’s important to take the right steps to preserve your lack of fault and avoid insurance rate hikes.

Document the scene. Your first task should be documenting the accident scene. Recording videos or taking photographs after a car crash can establish a sequence of events that can show the other driver’s fault.
Get witness contact information. Eyewitnesses can corroborate your version of events and contradict insurers who try to shift blame to you.
Don’t admit fault. Avoid any language that could imply fault when talking to the police or insurers. Words like “sorry” or “mistake” could be taken as tacit admissions of responsibility.
Talk to an attorney. You should also contact an attorney quickly. They can start building your case and also help you contest unjustified rate increases.

Trusted Car Accident Attorneys in Richmond

It’s difficult to predict how much your insurance will go up with an at-fault accident, but even small rate increases are undesirable. If you have been in a recent car accident in Richmond, a lawyer from The Pendleton Law Team can stand up to insurance companies and help you recover your losses.

We have extensive experience navigating car accident claims and can push back against insurance companies trying to avoid their payment obligations. Contact our offices today to schedule a free case consultation.

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