Yes and no. If the accident was not your fault, then it will not affect that your insurance premium.

There are a number of circumstances in which you might want or need to use your own coverage after a car accident, even if someone else is at fault for causing the accident.  For example, a person might want to use their own collision coverage for medical expense coverage. Or if the at fault driver is uninsured or underinsured, a person might need to use the uninsured or underinsured coverage on their own policy.

If you need to use their own coverage might be concerned that using the coverage will result in an increase in your rate.  In Virginia, unless the person making the claim is wholly or partially at fault in causing the underlying accident, be assured that the law is your side. Part A of Virginia Code § 38.2-1905 states that “no insurer may increase its insured’s premium or may charge points under a safe driver insurance plan to its insured as a result of a motor vehicle accident unless the accident was caused either wholly or partially by the named insured.” Stated simply: Virginia law prohibits automobile insurance companies from punishing their policyholders and/or raising premiums when the collision was not their fault.

The statute also says that if an insurance company raises a subscriber’s rate because of an accident, the insurance company must give that person written notification and also explain in that notification that they may appeal that decision to the Bureau of Insurance.

You shouldn’t be reluctant to use their insurance in the event of an accident; you have paid for this coverage over the years and it does not make sense to pay for the coverage, whether it be medical expense payments or uninsured or underinsured motorists coverage, and then not use it when it is available to you.

If you or a family member has been injured in an accident caused by another person, the best option is to contact our attorneys and file a lawsuit. We will tenaciously represent you and work to get you the maximum amount you deserve. Please contact Kalfus & Nachman today by calling (855) 880-8163. We are proud to serve the communities of Norfolk, Newport News, and Roanoke, Virginia.