Will your insurance rate be affected if you are the victim of a hit-and-run or are involved in an accident with an uninsured driver?
A big concern for many people after an auto accident is contacting their insurance company. Why? Because they fear that their insurance rates will skyrocket as a result. This is generally the case when you are responsible for the car accident, but what about when you’re not at fault?
What about when you are in a car crash with an uninsured driver or the victim of a hit and run? Will your insurance rate be affected then?
What Does the Law Say?
The law is fairly clear: “In no event shall an insurer request an increase in premium from any insured in connection with any claim arising out of any accident for which the insured was not at fault.”
Therefore, if you are not responsible for the car accident, your insurance rates should not go up. Whether you’re in an accident with an uninsured driver or not is really beside the point.
However, fault is a tricky thing, and Missouri also has a comparative fault system where multiple parties involved in the car accident can be attributed a percentage of fault.
What Does This Mean?
If the car accident is 100% the fault of the other driver, then your insurance rates should not be affected.
There are some instances when it’s clear that liability falls with the other driver:
- If your car is legally parked
- If you were not committing any traffic violations (such as speeding), and the car hits you in the rear
- If you are the victim of a hit-and-run
Other cases may not be so black and white. If you are found partially at-fault for the accident, then it is possible for your insurance rate to increase. In the eyes of the insurance company, you represent a higher risk.
Should You Worry About It?
The risk of higher insurance rates should not prevent you from recovering damages through your uninsured motorist policy. If your rates will go up, the insurance company is required to notify you in writing with how much you’re expected to pay, and their reasoning with why they increased your rates. If their reasoning is unfair, the simplest solution you have is to find a new insurance company.
Why Speak With an Auto Accident Lawyer
Your insurance rates should not go up if you’re not at fault for a car accident, so don’t let this fear prevent you from filing an uninsured motorist claim to recover your damages. Reach out to a St. Louis car injury attorney who has the experience to help. In some cases, raised rates may be caused by an error, which a lawyer can help clear up. If not, you may be better off finding a more reasonable insurance company.
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