Car insurance in Virginia can put a serious dent in your budget. Premiums here often run higher than in much of the country, so it is only natural for you to think twice before doing anything that might raise your rates.
After a crash, numbers show that rates can jump anywhere from 20 percent to 50 percent. Those figures alone are enough to make many drivers hesitate before filing a claim, even when they are dealing with pain and medical bills. The good news is that your rates do not rise automatically. Virginia law looks at the facts of the crash and gives you some protection against unfair increases.
If you are hurt, your focus should be on healing and getting the help you need, not on guesswork about premiums. When an insurance company contacts you, it’s easy to feel pressured and wonder what to say to the at-fault driver’s insurer. Keep calm and remember that you have options. The Northern Virginia car accident attorneys at Jennifer Porter Law, PLLC can walk you through each step, help keep any rate changes to a minimum, and speak with the insurer on your behalf. Contact us today at (571) 532-9070 for a free consultation.
Fault Matters, Particularly in Virginia
Virginia gives you some breathing room when a crash isn’t your fault. Your insurer cannot hike your premium or add points to a safe-driver plan unless you, someone in your household, or a driver you regularly let borrow the car caused the wreck. If the person who caused it carries a separate policy, your rate stays off-limits, too.
This means that if you or your authorized drivers were not at fault for the accident, you can file a claim for damages caused by an uninsured or underinsured motorist without your rates being increased based on that claim. Additionally, Virginia law ensures that rates cannot be increased solely based on Personal Injury Protection (PIP) claims. While not-at-fault claims are protected, rate increases are likely if you are found responsible for an accident. The more severe the accident and costly the claim, the more significant the potential rate increase will be.
That means you can ask for payment on damage caused by an uninsured or underinsured driver without watching your bill jump. The same shield applies to Personal Injury Protection claims. Fault still matters, though. If investigators decide the accident is on you, the cost goes up. The harsher the crash and the higher the payout, the steeper the hike you’ll see.
Northern Virginia Car Accident Attorneys
Jennifer Porter
Jennifer Porter combines over two decades of personal injury litigation with firsthand experience from inside the insurance industry. Her background as counsel for major insurers gives her an edge in anticipating defense tactics and maximizing compensation for clients. Jennifer is known not only for her sharp legal acumen but also for her warmth, sensitivity, and steady guidance through challenging times.
- AV Preeminent rating, Avvo 10.0, and Super Lawyers honoree
- Active leader in VTLA and FBA; over 20 years in the Virginia legal community
- Licensed in VA, MD, DC, and CA
Stephanie Himel-Nelson
Stephanie’s practice focuses on estate planning, helping Virginia families secure their futures with clarity and care. Drawing on her extensive litigation background and years of nonprofit leadership, she provides strategic, empathetic legal support tailored to each family’s needs.
- 20+ years of legal experience, including government and contract law
- Graduate of George Washington University Law School
- Bar admissions in VA and DC, plus multiple federal courts
- Active community volunteer and leader in family-focused causes
Filing a Claim with Another Driver’s Insurance Should Not Impact Your Rates
If you are seeking compensation from another driver’s insurance company, a lawsuit or settlement will not affect your car insurance at all. So, if you are working with a personal lawyer on a claim based on an accident caused by another individual, you don’t need to worry about the effect on your insurance.
However, you do need to be concerned about what you say to the other driver’s insurance company because they will be looking for any possible reason to deny your claim. It is wise to let your attorney handle communications with the insurance company to avoid jeopardizing your claim.
How Much Does Insurance Go Up After a Claim?
When a car insurance claim is filed following an accident, policyholders often see an increase in their premium rates. The extent of this increase depends on several factors including the nature and severity of the accident, the total cost of the claim, and the driver’s previous claims history and driving record.
Typically, drivers who are found at fault for an accident may see a more significant increase in their premiums, as insurers consider them higher risk. On average, if you are at fault, your insurance rates may increase by 20% to 50%, with premiums generally remaining higher for three to five years as insurers reassess your risk based on your claims history. However, this is a general guideline, and the actual increase could vary depending on your specific circumstances.
In Virginia, while state law does not prohibit insurers from raising premiums for at-fault accidents, it does provide protections for drivers who are not at fault. Virginia law prohibits insurers from increasing premiums solely because a driver files a claim for an accident they did not cause. This protection ensures that victims of accidents can file claims without fearing financial penalties through higher premiums. Additionally, some insurers may offer “accident forgiveness” programs, which could prevent a rate hike after a first-time accident, especially for drivers with a clean record.
Virginia’s state laws also require insurers to notify policyholders of any premium adjustments, offering transparency about rate changes. Additionally, discounts for safe driving may be lost after a claim, further affecting the overall cost of insurance.
For drivers in Fairfax, Virginia, it is important to review your insurance policy and discuss your options with your insurance agent after filing a claim. You can manage your policy more effectively and possibly mitigate the financial impact of future claims by knowing the specifics of your insurance coverage and how claims affect your premiums.
How to Appeal a Car-Insurance Rate Hike in Virginia
Virginia gives you solid leverage when your premium suddenly jumps. Under § 38.2-1905, an insurer may not raise your rate or add “safe-driver” points after a crash unless you, someone who lives with you, or another listed operator was partly to blame for the crash. If the at-fault driver carries a different policy, the company cannot use that accident against you. The same statute forces the insurer to mail a written notice that clearly explains the surcharge and your right to appeal to the State Corporation Commission (SCC). You have sixty days from the day you get that letter to start your challenge.
Reply to the notice in writing. Ask for the complete claim file, the police report, and the rating rule the adjuster used. Collect proof that you were not at fault: ticket dismissals, clear photos, witness statements. Attach copies and request an immediate rollback. If the carrier refuses, submit a free complaint to the SCC Bureau of Insurance online or by mail. Investigators compare your evidence with the insurer’s filed rate plan. When the Commissioner calls the hike unjustified, the company must refund the extra premium with interest and fix future bills. Keep every letter and email in one folder so you can track the timeline.
The paperwork can pile up fast. A Northern Virginia car accident attorney can gather records, draft the appeal, and push the case to arbitration or court if needed, saving you time and stress. If the carrier still refuses, we are ready to escalate, preserving both your premium and your right to full compensation.
Determining Fault in a Car Accident
There are many methods that can be used to determine fault, accurately or inaccurately, for a car accident. If a driver says something at the accident scene, such as “I’m sorry” or “I didn’t see you,” these statements could be used as evidence that the driver was at fault. Even statements taken out of context can be used as self-determined fault.
When the police file a report after an accident, the observations and opinions of the police officer carry great weight in assessing fault for an accident. The report may include a diagram of the accident scene and the statements of witnesses and those involved in the accident. If police do not take a report at the scene of an accident, it is a good idea to file a report on your own because then you can officially submit your side of the story for the official record and it can make it harder for the other driver to make a contradictory claim.
Insurance companies also have their own methods of assessing and negotiating fault issues among themselves. When they can’t reach their own agreement, they may settle the issue through arbitration.
Sometimes, the only fair way to determine fault for a car accident is to bring all the evidence to court and let the jury or judge weigh that evidence and make an unbiased decision. In these situations, advocacy from an experienced personal injury lawyer can make a huge impact because a skilled attorney will know how to uncover and present evidence to support your case persuasively.
| Step | What to Do | Key Details |
|---|---|---|
| Review Notice | Read the insurer’s written notice about the surcharge. | Make sure it explains the reason for the hike and your appeal rights under § 38.2-1905. |
| Gather Evidence | Collect documents proving you were not at fault. | Include claim files, police reports, ticket dismissals, photos, and witness statements. |
| Submit Appeal | Respond in writing and request a rollback; if denied, file a complaint with SCC. | You have 60 days from receiving the notice; SCC complaints are free and can be filed online or by mail. |
Talk to Jennifer Porter Law, PLLC About Your Claim After a Car Accident
The dedicated team at Jennifer Porter Law, PLLC can demonstrate fault for an accident and work effectively to help you recover the compensation you deserve for your pain, suffering, lost wages, medical bills, and future needs. For a free consultation to discuss your claim for an accident, contact our team online or call us at (571) 532-9070 today.
from Jennifer Porter Law, PLLC https://jenniferporterlaw.com/will-my-car-insurance-rates-go-up-if-i-make-a-personal-injury-claim-in-virginia/
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