Every figure in this article is traced to the primary sources listed under Sources.

Your car insurance premium may rise after a crash you did not cause, but the answer depends on state law, the policy, the insurer’s rating rules, and the reason for the change. Several jurisdictions restrict premium increases tied to not-at-fault accidents, but the protections are not identical. New Jersey Assembly Bill A4570 proposes additional protections; the official bill text remains the introduced version, so the proposal should not be treated as current law.

Key Takeaway: State protections differ. Verified examples of explicit statutory protections include California, Oklahoma, Louisiana, and Ohio; this is not a complete 50-state survey, and additional rules may apply elsewhere. New Jersey Assembly Bill A4570 was introduced on March 10, 2026. The activity record located shows a referral that day, and the official text is still labeled “As introduced”; do not treat it as enacted law. If passed, the bill’s text says it would take effect on the first day of the seventh month after enactment. Check your state insurance department’s current guidance and ask your insurer for the specific reason for an increase. If you believe a charge violates state law, consider filing a complaint with the state insurance department.

Navigate This Guide

Does car insurance go up after a not-at-fault accident?

Possibly, but a higher renewal premium does not automatically mean the insurer increased the rate because of the accident. The answer depends on state law, the type of policy, the insurer’s filed rating rules, and the reason for the change. Some jurisdictions restrict using not-at-fault accidents to increase premiums or apply surcharges; others may permit certain rating changes within state rules. Ask the insurer for a written explanation identifying the rating factor that changed.

Examples of state-level protections appear in California, Oklahoma, Louisiana, and Ohio, but the scope and conditions differ. California Insurance Code Section 491 restricts premium increases based on an accident in which the insured is not at fault. Oklahoma law restricts certain points, cancellations, nonrenewals, and premium increases for a not-at-fault collision. Louisiana Revised Statutes 22:1284 prohibits rate increases, surcharges, cancellations, and nonrenewals based on nonfault incidents. Ohio Revised Code Section 3937.22 also restricts a cost increase tied to a single accident when its statutory conditions are met. These examples should not be read as a complete list of every state law or regulation.

Practical note: A not-at-fault claim can still appear on your record in states without protections. The impact varies by insurer, your overall driving history, and your policy terms.

Which states restrict rate increases after a not-at-fault accident?

The following are verified examples, not an exhaustive 50-state survey. Some protections apply only to specified policies or circumstances, and a rule may address premium increases, surcharges, points, cancellation, or nonrenewal differently. Confirm the current rule with your state insurance department before challenging a renewal.

CALIFORNIA
Insurance Code Section 491
Prohibits premium increases based on not-at-fault accidents
Insurance Code Section 491 bars a motor vehicle liability insurer’s rating plan from increasing a premium based on an accident in which the insured was not at fault. Consult the current code and California Department of Insurance for application to a specific policy.
OKLAHOMA
Title 36, Section 941
Prohibits points, cancellation, nonrenewal, and higher premiums
Title 36, Section 941 restricts assigning driving-record points, cancellation, refusal to issue or renew, and higher premiums for motor vehicle liability or collision policies because the insured was involved in a collision and was not at fault. Check the statutory text and Oklahoma Insurance Department guidance for the facts of your claim.
LOUISIANA
Revised Statutes 22:1284
Prohibits rate increases and surcharges for nonfault incidents
Revised Statutes 22:1284 bars rate increases, surcharges, cancellation, or nonrenewal based on one or more nonfault incidents involving a vehicle covered by the insurer’s policy.
OHIO
Revised Code Section 3937.22
Restricts increases tied to a qualifying single accident
Ohio law prohibits increasing the cost of a private-passenger auto policy based on a single accident during the policy period when the insured was not a proximate cause of the loss and was not convicted of, or did not plead guilty or no contest to, a violation of law arising from the accident.

Has your rate gone up after a not-at-fault accident?

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What should drivers do after a not-at-fault accident?

If you were hit by another driver and your insurer later raises your rate, you have several options. The right steps depend on your state’s law and your policy terms. Here is a practical sequence.

Check your state’s insurance code
Determine if your state prohibits the increase
Search for “not at fault,” “premium increase,” and “surcharge” on your state insurance department website and review any relevant statutes or regulations. The examples in this article are not a complete nationwide list.
Request a written explanation from your insurer
Get the reason for the increase in writing
If you receive a renewal notice with an unexplained increase, ask your insurer to explain the rating factors. Some states require insurers to provide a reason for cancellation or nonrenewal.
File a complaint with your state insurance department
If you believe the increase violates state law
State insurance departments accept consumer complaints and can investigate whether an insurer followed the law. The complaint process is free.
Shop your policy at renewal
Compare rates, but disclose claim history accurately
Different insurers may evaluate claim history differently, subject to applicable law. A claim may still appear in your claims history and on quote applications. Compare equivalent coverage and answer application questions accurately.
Review your coverage and deductibles
Higher deductibles can lower your premium
If you have collision coverage, your deductible affects what you pay out of pocket for repairs. Raising it can reduce your premium, but you pay more if you file a claim.

If you live in New Jersey, check the current legislative record for A4570 before relying on a status summary. The activity record located for this review shows a referral dated March 10, 2026; the official bill text is still labeled “As introduced.” Ask the New Jersey Department of Banking and Insurance (NJDOBI) about a specific premium change.

Frequently Asked Questions

Can my car insurance go up after a not-at-fault accident?

It depends on state law, the type of policy, and the reason for the premium change. Some states restrict increases based on a not-at-fault accident, while other rating changes may still affect renewal premiums. Check your state’s current law and ask the insurer to explain the specific rating factor.

Does New Jersey allow rate increases after a not-at-fault accident?

Assembly Bill A4570, introduced March 10, 2026, proposes to bar insurers from raising rates or rerating a policy based on an accident unless the insurer determines the insured was at fault under standards to be set by the commissioner. The bill text remains identified as the introduced version, so it should not be treated as law. Confirm current status with the New Jersey Legislature and ask NJDOBI about a specific rate change.

The Bottom Line

If you were not at fault, whether your insurer may use the accident to change your rate depends on the state, policy, and circumstances. California, Oklahoma, Louisiana, and Ohio provide examples of statutory protections, but these are not the only jurisdictions with potentially relevant restrictions and this article is not a 50-state legal survey. New Jersey Assembly Bill A4570 is a proposal, not a rule to rely on as enacted law. Check the current law and ask your insurer to explain any renewal increase in writing.

What remains uncertain is how much any individual driver’s premium will change after a not-at-fault accident in states without protections. That depends on the insurer’s proprietary rating model, the driver’s overall record, and the policy’s coverage. No public data standardizes that impact.

Disclaimer: This article is for informational purposes only and is not professional insurance, legal or financial advice. Rates, rules and deadlines vary by insurer, state and driver, and can change. Confirm details with a licensed agent, your insurer or your state department of insurance before making a coverage decision.

Sources

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