In California, insurers do not offer accident forgiveness due to Proposition 103, which was passed in 1988. This law prevents insurers from charging excessive rates, which unintentionally bars them from offering accident forgiveness. While accident forgiveness can lower rates in some cases, drivers are charged higher rates overall to offset the cost of accident forgiveness.
Dealing with insurance companies can be a complex matter, which is why it is important to consult with an experienced accident attorney to protect your right to compensation, even if you were at fault.
What is Accident Forgiveness?
Accident forgiveness prevents your insurance rate from increasing after a car accident. Each insurer defines and applies accident forgiveness differently as they must adhere to contrasting state laws. For example, an insurance company can use accident forgiveness as a reward for good driving by applying a discount in one state, or it could use forgiveness to waive the first accident in another.
How to Reduce Fault After a Car Accident in California
In California, the higher your percentage of fault, the larger the insurance rate increase you can expect. This can be a heavy burden for accident victims who once had an affordable insurance policy and are now stuck with an expensive one, especially if they were not “principally” at fault for the accident.
If you find yourself in this unfortunate situation, it is advisable to partner with a personal injury lawyer to help eliminate or reduce your percentage of fault. Removing liability can be challenging, but it is not impossible. If you elect to hire an accident attorney they can help you with the following:
- File a lawsuit to get you compensation for your:
- Medical expenses
- Lost wages
- Pain and suffering
- Assign liability to all additional parties responsible
- Reduce or eliminate your liability to keep your insurance rate from going up
- Communicate with insurance adjusters on your behalf
- Build your case by gathering concrete evidence such as:
- Dashcam footage
- Traffic cam footage
- Witness statements
- Police reports
- Represent you in court if your case goes to trial
Does Your Insurance Go Up After a California Accident Claim That Is Not Your Fault
When it comes to determining if your car insurance premium will increase after an accident, liability plays a crucial role. California law covers liability through comparative negligence. Comparative negligence allows an injured party who shares fault for their injuries to receive compensation, a legal action covered by the Comparative Negligence Law, which states:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
So, if you were partially at fault, but still got injured, you still reserve the right to compensation. However, when it comes to your insurance premium, your rate will most likely go up if you’re found to be 51% or more at fault.
Alternative Ways to Reduce Your Insurance Rate
There are practical ways to reduce your insurance policy if taking legal action is no longer an option. The following are simple ways to reduce your insurance rates if they’ve gone up after an accident:
- Look for a new policy: if you’re unsatisfied with the high rate of your insurance, you are allowed to explore the marketplace and find a better insurance policy. It is important to note that while pricing is a factor when it comes to selecting car insurance, you should also consider the best coverage. Ask friends and family for insurance recommendations and research your options.
- Enroll in a driving course: many insurers lower rates for individuals who have completed a defensive driving course. You can obtain a discount on your insurance rate by submitting your defensive driver certificate.
- Purchase accident forgiveness: this policy typically prevents your insurance rates from going up after “at-fault” accidents. This benefit can help drivers save on premiums and retain discounts for good driving.
- Increase your deductible: When you purchase car insurance, your deductible will be how much money your car insurance will deduct from claim checks. Lowering your deductible will lead to higher insurance rates because this means your insurer will need to pay out more money when you make claims. So, higher deductibles will lead to lower insurance rates since your insurer will not be forced to pay out as much money when you have a claim.
Contact a California Car Accident Lawyer
If you or a loved one has suffered injuries due to a car accident in California, the skilled personal injury attorneys at Maison Law are here to help. We’ll fight for your right to fair compensation, as well as ensure your insurance rates do not go up if you’re not liable for the accident. If you’re not at fault for the accident, then we will work tirelessly to prove it and support your claim.
Contact Maison Law today for a free, no-risk consultation and case evaluation. There are no upfront fees and you don’t pay a cent until we’ve won your case.
