If you’re involved in a car accident in Florida, one of the top concerns you might have is whether your insurance rates will increase, especially if the other driver was at fault. It’s a common question, and the answer might surprise you.

Does My Insurance Go Up if Someone Hits Me?

The simple answer is: no, your insurance rates should not go up if you’re not substantially at fault. In Florida, the law (specifically Florida Statute 626.9541) states that your insurance company cannot raise your rates because of an accident unless you were substantially at fault. But what does “substantially at fault” mean? Typically, it means you were responsible for more than 50% of the accident. So, if you were just a minor contributor to the crash or completely innocent, your insurance rates should stay the same.

What If I’m Not at Fault but Use My Own Insurance?

Many people hesitate to use their own insurance in accidents where the other driver is at fault, fearing a rate hike. But here’s the key: as long as you’re not substantially at fault, your insurance company shouldn’t raise your rates. Florida’s no-fault system requires you to use your Personal Injury Protection (PIP) insurance for medical bills and lost wages, even if the other driver was at fault. This is crucial because, in some cases, the other driver might not have enough insurance to cover the damages, or they may not have insurance at all. 

How Insurance Companies Determine Fault

Insurance companies assess the situation to determine liability, usually by reviewing police reports, witness statements, and the accident itself. They’ll look at the details and come to a conclusion on who was at fault. If you disagree with their decision, you have the option to present additional evidence or even file a complaint with the Department of Insurance if you believe the insurance company has mishandled the case.

Steps to Avoid an Insurance Rate Increase

  1. Report the Accident Promptly – Report the accident as soon as possible to your insurance company. While you may not be at fault, it’s important to have them involved for documentation purposes.
  2. Provide Evidence That Shows You’re Not at Fault – If the other driver admits fault or there are clear signs you weren’t responsible, provide any documentation or statements that show the accident wasn’t your fault. This helps your insurance company back you up in the investigation.
  3. Consider Other Forms of Insurance – In Florida, accidents often involve PIP and collision insurance. Make sure you understand how your policies work so you don’t use the wrong insurance for the wrong reasons, potentially affecting your rates.

Can I Avoid Paying My Deductible If Someone Hits Me?

If someone hits you and you’re not at fault, you may be wondering if you need to pay your deductible. In most cases, your deductible will only apply if you go through your own collision insurance. If the at-fault driver’s insurance covers the damage, then you generally won’t have to pay a deductible. However, if you have to use your own insurance because the other driver’s insurer is slow to make a decision, your deductible will likely apply. The good news is that your insurance company can often recover the deductible from the at-fault driver’s insurer through a process known as subrogation, and you’ll be reimbursed.

Case Example 1: A Close Call with PIP Coverage

A recent client came to us after being involved in a non-fault accident. They were initially hesitant to use their Personal Injury Protection (PIP) coverage because they feared their rates would go up. The other driver was clearly at fault, and my client had no medical insurance to cover the costs. They were also missing work due to their injuries, making the lost wages coverage critical.

After discussing the issue, we explained that if they didn’t use their PIP, they could be left with out-of-pocket expenses totaling over $10,000. We also reassured them that it’s very unlikely that their rates would go up just because they made a claim for injuries they didn’t cause. Fortunately, they agreed to use the coverage, and it ultimately saved them significant amounts in medical bills and lost wages. Their rates didn’t go up, and they were able to recover without the financial burden of paying everything out-of-pocket.

Case Example 2: A Client Who Was Reluctant to Use PIP Coverage

We had a client who had a very similar experience recently. They had a minor accident where the other driver was fully at fault. Despite this, the client was determined not to use their PIP coverage because they were worried about their rates increasing. After further discussion, I pointed out that if they didn’t file a PIP claim, they would end up paying for medical bills and lost wages out of their own pocket. I emphasized that while insurance rates do rise for various reasons, the odds of rates increasing after a non-fault accident and a PIP claim are very low.

The client eventually agreed to use the PIP coverage, and even though their rates increased the next year (as they would have anyway), they were financially protected in the aftermath of the accident. Using the coverage turned out to be the right call.

Protect Yourself and Your Rates

In Florida, it’s important to remember that your insurance company can only raise your rates if you’re substantially at fault. It’s also a good idea to report any accidents to your insurer immediately and provide clear evidence that you weren’t at fault. This helps protect your premiums and ensures you’re following the law.

If you’ve been in an accident and need help proving fault or protecting your rights, contact Abrahamson & Uiterwyk today. Our experienced Florida car accident lawyers are here to guide you through the process. Call us now for a free consultation.