October 31, 2019

Someone else ran the light. Your car is wrecked, your neck hurts, and somewhere in the back of your mind a smaller worry is nagging at you: is this going to cost me on my insurance? It is a fair question, and Florida law has a clearer answer than most people realize. Here is what can and cannot happen to your rates after a car accident that was not your fault. The Reyes Firm Not Your Fault? Know What Your Insurer Can’t Do Protect your claim and your policy at the same time. Had a bad day? Contact Us Now Substantial Fault Standard required to surcharge you Fla. Stat. § 626.9541(1)(o)3. 8 Ways To qualify for surcharge reimbursement Fla. Stat. § 626.9541(1)(o)3.b. 24 Hours To report a hit-and-run and qualify Fla. Stat. § 626.9541(1)(o)3.b. 14 Days Deadline to seek care for PIP Fla. Stat. § 627.736(1)(a) The fear of a rate hike is real, and insurers do not go out of their way to correct it. But Florida has specific consumer protections written into its insurance code that most drivers have never heard of. Knowing them changes how you handle the days after a crash, and in particular whether you make the one mistake that costs people the most. Will your insurance rates go up after a car accident that wasn’t your fault? Typically they should not, because it was not your fault. That is not just common sense, it is Florida law. An insurer generally may not impose or request an additional premium, or refuse to renew your policy, solely because you were involved in a motor vehicle accident, unless its file contains information from which it determines in good faith that you were substantially at fault. The phrase that matters there is substantially at fault. Being in a crash is not enough. Filing a claim is not enough. The insurer needs an actual, good-faith, documented basis in its file that you caused it. If it does not have that, the surcharge is not supposed to happen. What does Florida law actually prohibit? The protection lives in Florida Statute § 626.9541, which defines unfair methods of competition and unfair or deceptive insurance practices. Several provisions matter to a driver who was just hit: No surcharge or nonrenewal without substantial fault. Under § 626.9541(1)(o)3., an insurer generally cannot raise your premium on liability, PIP, medical payments, or collision coverage, or refuse to renew, solely because you were in an accident, absent a good-faith determination of substantial fault. No surcharge at all on comprehensive or uninsured motorist coverage. Under § 626.9541(1)(o)10., an insurer may not impose an additional premium for comprehensive or UM coverage solely because you were in an accident or convicted of a moving violation. There is no fault exception written into that one. You can demand their proof. Under § 626.9541(1)(o)5., on your request, the insurer and the licensed agent must supply you with the complete proof of fault or other criteria justifying the additional charge or cancellation. That last point is quietly powerful. If your premium jumps and you were not at fault, you are entitled to ask the company to show its work. 💡 Did You Know? If an insurer does surcharge you or refuse to renew after an accident, Florida law requires it to tell you, right in the premium or nonrenewal notice, that you may be entitled to reimbursement of that amount or renewal of the policy. The obligation to inform you is on them, not on you to discover it. Source: Fla. Stat. § 626.9541(1)(o)3.b. What if your insurer surcharges you anyway? Florida law spells out eight specific situations in which you are entitled to have that surcharge reimbursed, or the policy renewed, if you can demonstrate that the operator involved in the accident was: Lawfully parked. Reimbursed by, or on behalf of, the person responsible for the accident, or holds a judgment against that person. Struck in the rear by another vehicle headed in the same direction, and was not convicted of a moving traffic violation in connection with the accident. Hit by a hit-and-run driver, if the accident was reported to the proper authorities within 24 hours after discovering it. Not convicted of a moving traffic violation in connection with the accident, while the driver of the other vehicle was convicted of one. Finally adjudicated not liable by a court of competent jurisdiction. Issued a traffic citation that was dismissed or nolle prossed. Not at fault, as shown by a written statement from the insured establishing facts demonstrating lack of fault, which the insurer’s file does not rebut with a good-faith determination of substantial fault. Look closely at number four. Reporting a hit-and-run within 24 hours is not just good practice, it is what preserves this specific protection. And number three covers one of the most common crash types on Florida roads: getting rear-ended. Can your insurer refuse to renew your policy after an accident? Not for a single at-fault accident. Florida law provides that an insurer may not fail to renew a policy where the insured has had only one accident in which he or she was at fault within the current three-year period. An insurer may still nonrenew for reasons unrelated to accidents, and the protection does not extend to a driver with three or more accidents, regardless of fault, in the most recent three-year period. So one crash, even one you caused, should not by itself end your policy. A pattern is a different conversation. Why might your rates go up anyway? Being protected from a not-at-fault surcharge is not the same as being protected from every increase. A few things can move your premium regardless of what happened in your crash: Statewide and territory rate changes. Insurers adjust rates across whole regions based on claim frequency, repair costs, litigation trends, and fraud. That increase hits everyone in the area, not just you, and it is not a surcharge tied to your accident. Other drivers in your