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Making A Claim With Your Own Insurance

By Evan L. Kaine

Does the thought of calling your insurance company to report an auto accident fill you with dread?  Are you convinced that, even if you are not at fault, your auto insurance premiums will skyrocket if you file a claim with your insurance company?  Do you believe an alarm will sound when you file the claim and your insurance policy will be canceled as soon as you get the claim number from the customer service representative?  You are in good company.

At least weekly, I speak clients who are adamant that they will NOT file a claim with their insurance company for repairs, for uninsured motorist coverage or for medical payments coverage (“med pay”).  The conversations that I have with those clients usually take several minutes and, oftentimes, the client is still not completely convinced that the Big Bad Insurance Company isn’t going to raise their rates or cancel their policy.

Certainly, there is grinding of teeth at the insurance company.  But in Georgia, you, the insured driver, are protected from that which you fear…

In Georgia, O.C.G.A. §33-9-40 states:

“No insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance or cancel such policy as a result of the insured person’s involvement in a

Multi-vehicle accident when such person was not at fault in such accident.”

The law clearly states that if you are not at fault, your insurer cannot raise your premiums.

Print this blog entry out and keep it by your phone to bolster your confidence if you ever have to call your insurance company to report an accident for which you were not at fault.  You deserve to know your rights.  Part of our mission at Kaine Law is to educate and empower you with regard to Georgia insurance law.


Published July 22, 2014


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