Will my Car Insurance Rates Go Up if I Make a Personal Injury Claim in Florida?

When it comes to personal injury claims, one of the most common concerns we hear from potential clients in Florida is whether their car insurance rates will increase if they decide to file a claim. It’s a valid question and one that we, at The Dash Cam Lawyer®, understand completely. After all, navigating the intricacies of personal injury law can be challenging, and we’re here to provide you with clear, accessible answers. 

To understand whether your car insurance rates will increase in Florida after making a personal injury claim, it’s essential to grasp some fundamental concepts. Florida is no longer a pure comparative state; it has adopted a modified comparative negligence system. This means that if are even slightly more than 50% at fault for the accident, your right to a claim and to compensation is barred. 

Understanding Fault in Florida

In Florida, establishing fault is a crucial aspect of personal injury claims. If you’re wondering whether your car insurance rates will go up after a personal injury claim, the primary factors to consider are whether you’re found at fault for the accident and do you have a history of claims on your policy. 

If you’re not at fault, your rates are not supposed to increase if you use your personal injury protection (PIP) benefits for medical care, hence the reason it is called “No Fault”.  They could, however, increase if you file a claim to have your car repaired by your insurance company, or if you file an Uninsured/Underinsured Motorist claim, but less likely if it was not your fault or your first claim.  But we are in Florida and insurance companies are increasing policies left and right, so there really is no true way of knowing. 

Fault and Insurance Rates

If you are deemed at fault for an accident, it means that you are primarily responsible for the collision. In such cases, your insurance company might decide to increase your insurance rates. However, this is not a blanket rule, and several factors come into play:

  1. Severity of the Accident: Insurance companies assess the accident’s severity based on vehicle damage, injuries, and property damage. Minor fender benders with minimal damage and no injuries are less likely to lead to substantial rate increases.
  2. Insurance Provider Policies: Different insurers have varied policies. Some offer “accident forgiveness” for first-time at-fault accidents, sparing you from rate hikes, but this may not apply to subsequent accidents.
  3. Driving History: Your personal driving history matters. If you have a history of accidents and violations, an at-fault accident can result in more significant rate increases compared to those with clean records.
  4. Policy Type: Your insurance policy type can impact rate increases. For instance, a “vanishing deductible” policy may reduce your deductible over time without raising rates, even if you’re at fault.

Severity Matters

The severity of the accident is a crucial factor in determining how much your insurance rates might go up. Insurance companies typically categorize accidents into different tiers based on their severity. First, there are minor accidents, often referred to as “fender benders,” which involve minor damage to the vehicles and no or minimal injuries. In such cases, insurance companies may raise your rates moderately or not at all, depending on their policies. 

Moving up the scale, moderate accidents involve more significant damage to vehicles but still no or minor injuries, resulting in rate increases that may be more substantial than for minor accidents but less severe than for major accidents. 

Finally, major accidents involve significant property damage and injuries, leading insurance companies to be more likely to impose substantial rate hikes in the aftermath of such incidents.

Practical Advice

Now that we’ve covered the basics and gone into a bit more detail, here are some practical tips for you:

  1. Safe Driving Matters: The best way to avoid potential rate hikes is to drive safely and responsibly. Avoiding accidents altogether is the surest way to keep your insurance rates low.
  2. Consider an Attorney: An attorney can help protect your rights and negotiate with insurance companies to minimize any rate increases.

Contact Our Personal Injury Team Today

Making a personal injury claim in Florida can impact your car insurance rates, but it’s not a guaranteed increase. Factors such as fault, the severity of the accident, and your insurance provider all come into play. To navigate this process effectively and ensure you’re treated fairly, it’s advisable to seek legal counsel. If you have further questions or need assistance with a personal injury claim in Florida, don’t hesitate to contact The Dash Cam Lawyer®, at 561-DASHCAM (352-5299). Our experienced team is here to provide you with the guidance and support you need during these challenging times. Your peace of mind is our priority.

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