Will My Insurance Go Up If the Accident Wasn’t My Fault?
In California, generally no. State regulations bar insurers from raising your rates or treating you as higher-risk for an accident where you were not principally at fault — a consumer protection from Proposition 103 that most other states don’t have. If it happens anyway, you can complain to the Department of Insurance.
Insurance pushing back? Know your rights — 24/7.
Se habla español — Llama Me. No out-of-pocket fees — we work on contingency.
What does California law actually say?
Rating regulations under Proposition 103 define when a driver is “principally at fault” — broadly, when their conduct was the principal cause of the accident — and prohibit using not-at-fault accidents to raise rates or strip good-driver discounts (10 CCR § 2632.13). California is unusual here; in many states any claim can raise rates.
Who decides whether I was “principally at fault”?
Your own insurer makes that determination, applying the regulation’s standard — and they must have evidence, not a hunch. If you were a passenger, were lawfully parked, were rear-ended while stopped, or the other driver was convicted for the crash, you’re presumptively not principally at fault in most applications of the rule.
This is one more reason the fault fight matters beyond the injury claim itself — the percentage assigned to you echoes into your premiums. See what happens if I’m at fault in California.
Does filing a claim — or using my own coverage — count against me?
Using Med-Pay, uninsured motorist coverage, or your collision coverage for a not-at-fault accident should not raise your rates under § 2632.13. Don’t avoid your own coverage out of premium fear — that instinct costs real money, especially with an uninsured or hit-and-run driver where your own UM coverage is the whole recovery.
My rates went up anyway. What can I do?
Three steps. Ask the insurer in writing for the basis of the increase — they must explain it. If the explanation leans on a not-at-fault accident, cite § 2632.13 and demand correction. If they don’t fix it, file a complaint with the California Department of Insurance — it’s free, online, and insurers respond to CDI inquiries with a speed they rarely show consumers.
Can the insurer drop me instead of raising rates?
Non-renewal is governed by its own rules, and a single not-at-fault accident is not lawful grounds to non-renew a good driver — the Good Driver Discount statute entitles qualifying drivers to a policy (Ins. Code § 1861.025). If you get a non-renewal notice after an accident that wasn’t your fault, that’s also CDI-complaint territory.
Fault determinations are fightable. So are premium hikes.
Se habla español — Llama Me. No out-of-pocket fees — we work on contingency.
