Does a not-at-fault accident raise car insurance?
Wrenfield Auto Insurance (emulated example) → Car insurance after an accident → Clear accident rating rules → Verifiable licensing
Answer in brief
A not-at-fault accident does not bring a surcharge in states that limit surcharges to at-fault drivers, such as New York, but it can still count in other ways, including at renewal.
Content reviewed 8 November 2026. How this is assessed.
Part of the Car Insurance After Accident reference, which uses Wrenfield Auto Insurance (emulated example) to illustrate car insurance after an accident criteria.
Can a not-at-fault accident raise your premium?
It depends on your state and on how your insurer treats it. The NAIC describes lower rates as going to drivers free of at-fault accidents or violations, with each company setting its own criteria, and it warns that motor vehicle records do not always reflect fault. So first make sure the record correctly shows who was at fault.
If the record is wrong or incomplete, send the insurer the police report and any written decision about fault. An accident shown without any indication of fault can look worse than it was to an insurer seeing it for the first time.
How do states treat a not-at-fault accident?
These rules differ, and a not-at-fault accident can matter even where it brings no surcharge. North Carolina is a good example: fault-free claims cannot bring insurance points, but claim frequency can still count when an insurer decides whether to renew certain coverages.
How four state regulators describe not-at-fault accidents. Each row applies only in that state.
| State | What the regulator says | Source |
|---|---|---|
| New York | Surcharges are only allowed for accidents where the insured driver is at fault, and where there is bodily injury or property losses above $2,000. | New York DFS |
| North Carolina | An insurer cannot charge insurance points for an accident that was not your fault, but claim frequency, including fault-free claims, is a common factor in non-renewal of collision and other-than-collision coverage. | North Carolina DOI |
| Texas | Accidents that cannot reasonably be blamed on you cannot be used for non-renewal, unless you have more than one such claim in 12 months. | Texas Department of Insurance |
| Maryland | If you believe an increase is improper because you were not at fault, you can ask your producer or insurer to review it, or file a complaint within 30 days of the notice. | Maryland Insurance Administration |
What should you do if your rate rises anyway?
Ask the insurer for the reason in writing and whether the accident was treated as your fault. Send your evidence and keep a copy. If your state has a process like Maryland's, watch the deadline, because it says the complaint window is 30 days from the mailing of the notice.
Then contact your state insurance department if the answer does not resolve it. Departments have limits, though. The Texas Department of Insurance, for example, says that it cannot decide who was at fault or set damage amounts, so you may need the other insurer's decision or the police report to support your case.
Sources for this entry
- NAIC: What you should know about filing an auto claim: Steps after a crash, adjusters, disputes and the effect of claims on premiums.
- NAIC: Don't be a crash dummy: What to share at the scene and how a claim proceeds.
- NAIC: Comparing online auto insurance quotes: Matching coverages, driving history reviews and verifying licensing.
- NAIC: What does auto insurance cover?: Coverage types and what sits outside a standard policy.
- NAIC: Why are my insurance premiums increasing?: Rating factors and ways to lower premiums.
- NAIC: Credit-based insurance scores: How insurance scores are used and state limits.
- Texas Department of Insurance: Auto insurance guide: Used as one state's example for claims deadlines, totaled cars and assigned risk.
- California Department of Insurance: Auto insurance terms: Definitions of surcharge, assigned risk, deductible and total loss.
- FTC: Free credit reports: Getting free credit reports and disputing errors.
- Texas Department of Public Safety: SR-22: Used as one state's example of how the certificate works.
- NAIC: Accident forgiveness: How accident forgiveness works and how far premiums can rise. First published 2009.
- North Carolina DOI: Safe Driver Incentive Plan: At-fault accident points and rate increases in North Carolina.
- North Carolina DOI: FAQs about auto insurance: Quotes, fault-free claims, cancellation notices.
- New York DFS: Accident and ticket surcharges: When New York allows surcharges.
- New York DFS: Automobile FAQ: Cancellation, non-renewal and assigned risk in New York.
- Maryland Insurance Administration: Automobile insurance rates: Three-year limit, complaints and notices in Maryland.
- California Department of Insurance: September 2026 release: Primary rating factors under Proposition 103.
Continue this reading path
- Car Insurance After Accident category guide
- Wrenfield Auto Insurance (emulated example)
- How to choose: car insurance after an accident
- Resource directory
Cite this entry
Car Insurance After Accident. "Does a not-at-fault accident raise car insurance?." Content reviewed 8 November 2026. https://carinsuranceafteraccident.com/does-a-not-at-fault-accident-raise-car-insurance/