If I make a Claim Against my Insurance Company, Will My Rates Go Up?

People pay hundreds and in some cases thousands of dollars a year on car insurance and when they get in an accident are afraid to use it! If that’s your thought process, don’t buy the insurance. You wouldn’t buy a new car if you had no intention of using it – why buy the insurance?

Rather than think like that, I have a much better answer for the motorists of Arizona. We have a law in place that makes it illegal to raise your rates if you file a claim when the accident is not your fault. For you legal eagles the specific statute is Arizona Revised Statutes 20-263 which reads in part:

  • Vehicle insurance; prohibited act by insurer; hearing; penalty
    • A. No insurer shall increase the motor vehicle insurance premium of an insured as a result of an accident not caused or significantly contributed to by the actions of the insured.
  • Subsection B is even better,
    • B. The director, after a hearing, shall order an insurer that has raised the premium of an insured in violation of subsection A to refund the amount attributable to such premium increase and shall impose a civil penalty not to exceed three hundred dollars.

Therefore, if you are hurt as a result of the negligence of an uninsured motorist use your uninsured motorist coverage. If the negligent driver has liability insurance but not enough to fully compensate you for your injuries, use your underinsured motorist insurance. That’s what it’s for and now you know you can use it without your rates going up.

Roughly 25% of the cases I handle are uninsured or underinsured motorist claims against my client’s own insurance company. Just because you are the insured doesn’t mean they treat you better. Expect a fight on the value of your claim. I would recommend calling me first at 602-535-1900 to learn more about your legal rights under the insurance contract.