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I was in an accident and did not get faulted for it, yet my rate went up?

Riverside, CA |

I was in an accident that the driver got cut off and I had rear ended him. After discussing with my insurance, they offered to pay for damage which was minor on there vehicle. My truck was totaled but we did not claim my truck. About 2 weeks later we talked with insurance and they did not show a fault on my record. However they ended up raising my insurance. This seems unfair. Is there anything I should look into?

Attorney Answers 11


  1. Ask your agent to explain. It may be because you were found at fault and that caused the increase. If you have collision coverage, and truck was totaled, you should make a claim under your policy.


  2. It sounds like the insurance company has decided you were at fault. Contact your agent to discuss. Good Luck!


  3. This is a question for your agent


  4. Look into going to another insurance company.


  5. I worked as an insurance adjuster and sometimes we made mistakes when issuing the check. The claims handling process you have to enter some type of fault when you are issuing a check, so it is common to enter percentage of fault.

    As others have suggested talk with your agent and find out what happened. The agent should be able to talk to claims department and find out what happened. If the adjuster entered the information in error, they will have to notify underwriting to get it fixed.

    This information is provided for general purposes only and should not be construed as legal advice. No attorney-client relationship is created with the furnishing of this advice. Attorney licensed in North Carolina only.


  6. Talk to your agent.


  7. Your question is not entirely clear, but it appears that your insurance paid to fix the other vehicle. If that's the case, you were at fault.


  8. You indicated that your insurance company paid for the damages sustained by the vehicle that your rear-ended. If your insurance company had to pay the third-party for damages caused by the accident, you were deemed at-fault, or partially at-fault, for the accident. Hence, the reason why your insurance rates went up.


  9. Go online for cheaper insurance


  10. if you are 51% or more at fault you will take a hit. Since the damage is already done get the truck fixed.


  11. You have a fairly complicated claim going here. Instead of getting a little advice here and attempting to do something by yourself, you should strongly consider at least getting a free consultation from an experienced attorney in this area. You will always have a better recovery and make solid decisions with the guidance of a professional that handles this type of situation every day. You wouldn't operate on yourself, right? So, trust the assistance of an attorney in your area. AVVO has an excellent "find a lawyer" area to help you find someone with no obligation. Give it a try and good luck to you.

    licensed attorney in Montana. Your specific state laws may be different.

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