When there is an auto accident, there will be one individual who is at fault and another who is “not at fault.” In some cases, there will be a different percentage the amount of fault. 50/50%, 70/30% and so on. When you cause an auto accident, you will undoubtably see your car insurance rates increase. This is because drivers that are involved in one accident are more likely to be involved in another accident.  According to Progressive Insurance’s website, “an at fault accident can increase your rate by an average of 28% countrywide.”

 

What happens when you are NOT the person who caused the accident?

  This question has been asked by several of my clients and with due reason. Why should you be penalized for not causing an accident? So lets dig into.

 

What happens when you are involved in an auto accident that was caused by the negligence of someone else?

In many states insurance companies can raise your rates even if you were not the one that caused the accident. The insurance companies use the same reasoning as above: You are a higher risk person to insure because odds are you will be in an accident again.

Thankfully, the Utah, Statute 31A-19a-212 prohibits insurance companies from increasing your rates if you were involved in an accident that was not your fault. This statute says that your auto insurance premium cannot be increased from “a claim under a policy of insurance covering a motor vehicle…resulting from any incident… in which the person named in the policy or any other person using the insured motor vehicle…is not at fault”.

In order to understand this statute a bit more, we need to look a few different factors.

 

What is a “not at fault” accident?

Simply put, a “not at fault” accident is one in which you did not cause the auto accident to happen. Some examples of this are: being hit while you are stopped at a red light; If someone attempts a left-hand turn and collides with your car when you have the right of way; or a car attempting to merge into the lane you are driving in and hits your car. There are several other examples but these tend to be to most common.

 

How is “Fault” determined?

If you are involved in an accident it is only natural to get out of your car and discuss the accident with the other drivers that were involved. Often times one of the drivers will admit that the accident was their fault (i.e. “I am so sorry, I didn’t see the light had changed to red” or “I was really distracted and did not see you there” etc.). When this is the case, it is very easy to determine which driver was at fault.

Other times, fault may not be determined so easily. Both drivers may disagree and think it is the other’s fault. In this situation, the responding police officer will file a police report. In this report they often list who is considered “at-fault” in the accident. Obviously, if one of the drivers is given a citation they would be considered the “at-fault” driver.

Sometimes determining who is at fault in an accident is a little more difficult and complex. If responsibility for the accident is in question, many times the insurance company will launch its own investigation to determine who was at fault.

 

According to this statute, my insurance won’t raise my premiums at the time of the claim, but what about when I go to renew my policy?

According to the above-mentioned statute, Utah state law does not allow the insurance company to raise your premiums at the time of renewal based on a not at fault claim. Basically, it is illegal for auto insurance companies to raise your rate any time after a “not at fault” accident because of the collision. This is true even if your insurance company pays for some of your medical care through Personal Injury Protection (PIP) benefits.

 

What can you do if your rate does increase?

First, call your auto insurance to understand the reason for the increase. Chances are that the rate increase has nothing to do with the accident if it was not your fault. Insurance rates can increase when you move, add another driver to the policy, change vehicles, or have other accidents or tickets on your record.

If it appears your rate is being increased because of the “not at fault” accident it is important that you contest this increase. It may be necessary to contact a well-qualified attorney if your insurance company is not willing to work with you.

 

What can I take away from our discussion today?

In conclusion, the Utah Statute 31A-19a-212 is very important for Utah drivers to know and understand their rights. So many people are involved in auto accidents each day that are not their fault. An auto collision can greatly disrupt your life and affect your health for years to come. This statute prevents you from having to continue to pay for someone else’s negligence by having to pay more for your auto insurance.

 

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If you have any questions or concerns regarding this matter we just spoke up, please feel free to contact us via our website Symco Injury Law  or call or text us at 801-738-9999.