Can My Auto Insurance Rates Go Up after a Car Accident in the Tampa Bay, Florida Area, even if it Wasn't My Fault?

According to Florida Statute 626.9541, auto insurance companies are not allowed to increase your car insurance rates for the sole reason that you were in a car accident in Tampa or anywhere else, for that matter. You must be found substantially at fault in the accident before your auto insurance company can use the accident as an excuse to raise rates.

Under section (1) (o) (3a), this law defines the following as an unfair and deceptive act: “Imposing or requesting an additional premium for a policy of motor vehicle liability, personal injury protection, medical payment, or collision insurance or any combination thereof or refusing to renew the policy solely because the insured was involved in a motor vehicle accident, unless the insurer's file contains information from which the insurer in good faith determines that the insured was substantially at fault in the accident.”

Basically, this law says that if an insurance company wants to raise your rates just because you made a claim on your policy, you must be found “substantially at fault” in a car accident.

As with many laws, the above statute gives auto insurance companies a bit of wiggle room to increase your rates. For instance, the insurance company may say it increased your rates for other reasons, such as your age, gender, geographical location, credit score, and so on.

In addition, auto insurance companies realize that most consumers are not aware of this law and probably will not report them for unfair rate increases. Instead, the typical consumer will shop around for better rates from the dozens of other car insurance companies competing for their business.

If you are a Florida resident and you feel you have been treated unfairly by a car insurance company or any other type of insurance company, report your issue to the Florida Office of Insurance Regulation. You may file a complaint online at www.floir.com (under the “Consumers” tab, “Insurance questions or complaints”), or you can call 1-877-693-5236 for assistance.

Tampa car accident attorney Dale Appell, P.A. is also here to help Florida residents who are struggling with auto insurance claims after an accident with serious injuries. Don't face insurance companies alone. It costs nothing to contact our office for an assessment of your case, whether you are here in Tampa, Florida or in the surrounding neighborhoods of Citrus, Tampa, Thonotosassa, Pinellas, Safety Harbor, New Port Richey, Apollo Beach, Brandon, Largo, Clearwater, and St Petersburg.