Your Pennsylvania Automobile Insurance Premium Won't Increase Just Because You Make A Claim
As a Philadelphia Accident and Personal Injury Lawyer, I am frequently faced with questions from clients who were recently injured in a automobile accident. One of the most frequent questions I receive is: "Will My Insurance Premiums Go Up If I Make a Claim?"
The answer is No, not necessarily. If you make a claim under your automobile insurance policy your insurance premium cannot be increased unless you are determined to be at fault in contributing to the accident giving rise to the claim.
Let's say, for instance, you are a passenger in my car and we get struck by another car. Pennsylvania Law says that your own personal automobile insurance policy (assuming you have such a policy) must pay your medical bills. It is not my automobile policy (even though you were in my car) nor is it the other person's automobile policy (even though they may have been at fault), it is your own that pays your medical bills (see my previous blog "Pa. Car Accident, Who Pays My Medical Bills"). In this scenario, which happens quite frequently, your insurance premiums cannot be increased by your insurance company.
The same holds true for other types of coverages under your policy. For instance, Uninsured Motorist Coverage, Underinsured Motorist Coverage, Collision Coverage, Wage Loss Coverage, Medical Coverage, etc. If you make a claim under any of these coverages, your insurance company cannot raise your insurance rates simply because you made the claim. They may only raise your rates if it is determined that the insured was at fault in contribution to the accident.
The actual Pennsylvania Statute (75 Pa.C.S.A. Section 1793 (a)(1)) reads:
"An insurer shall not increase the premium rate of an owner of a policy of insurance subject to this chapter solely because one or more of the insureds under the policy made a claim under the policy and was paid thereon unless it is determined that the insured was at fault in contributing to the accident giving rise to the claim."
The Philadelphia Personal Injury Law Firm of Mednick, Mezyk & Kredo, represents individuals injured in car accidents, truck accidents, SEPTA bus and SEPTA trolley accidents, pedestrian accidents, etc. Contact us for a free consultation.
