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hearty-crow-579

Using my uninsured motorist coverage — will my rates go up even though I did nothing wrong?

So I'm in a frustrating situation and hoping someone here has been through something similar.

A few weeks ago I was rear-ended at a red light — complete stop, not moving, nowhere to go. The guy who hit me took off pretty fast after we exchanged info, and when I called his insurance company they told me his policy had lapsed. Great. So now my own agent is telling me I'll need to file under my Uninsured Motorist coverage to get my repairs and medical bills handled.

Here's what's eating at me: will using my own UM policy hurt my rates? I didn't cause this. The police report is crystal clear that I was stationary and he rear-ended me. But I've heard stories about people filing claims through their own insurance and getting penalized at renewal time even when they were 100% the victim.

I've already got enough stress dealing with a sore neck and a car in the shop — I really don't want to open up a second problem by triggering some rate hike I didn't deserve.

Anybody been through this? Did your premium actually go up after a not-at-fault UM claim? Is there anything I should say (or not say) when I talk to my own insurer? Any advice is super appreciated. 🙏

11replies

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11 replies

  • 15
    cool-tern-704

    Don't just trust what your agent says on the phone. Adjusters and agents are friendly right up until renewal time, and then suddenly your rate 'adjusts due to overall risk factors.' Ask your insurer for their written policy on how UM claims affect surcharge eligibility. If they won't put it in writing, that tells you something.

    • 7
      cool-wolf-119

      How solid is the police report exactly? Does it specifically say you were stationary, or is it more vague? The clarity of the report matters a lot for how your own insurer codes fault internally. If there's any ambiguity in the language, the adjuster might not automatically treat it as 100% not-at-fault on their end.

    • 2
      hopeful-optimist964

      Wish I had seen this a month ago — would have saved me a lot of stress.

  • 15
    genuine-elk-245

    Please don't let the insurance anxiety distract you from getting your neck properly evaluated. Rear-end soft tissue injuries can feel manageable for a few days and then really flare up. Go see a doctor if you haven't already — and make sure everything is documented, because if you develop longer-term issues you want a clear medical trail from day one.

  • 13
    wise-wren-130

    One upside here — you had UM coverage. A lot of people don't realize they can opt out of it and then end up in exactly your situation with no recourse at all. You did the right thing carrying it, and now it's doing exactly what you paid for. Hang in there, this is a hassle but it's solvable.

    • 4
      honest-dreamer772

      This is really helpful — thank you for posting it.

  • 11
    mellow-hare-369

    Short answer: probably not, but get it in writing. Call your insurer, ask directly how this claim will be coded, and ask if UM claims are excluded from their surcharge policy. Takes five minutes and removes all the guesswork.

  • 7
    cool-kestrel-914

    Been exactly here. Uninsured driver hit my parked car and I had to go through my own UM coverage. My rates did NOT go up at renewal — my insurer flagged it internally as not-at-fault and it didn't count against me. That said, I've heard it can vary by state and by carrier. Worth asking your agent point-blank: 'Will this be coded as a not-at-fault claim?' Get the answer in writing if you can.

  • 7
    genuine-newt-202

    Former auto adjuster here. Most states have consumer protection rules that prohibit insurers from surcharging policyholders for not-at-fault claims — and a clear rear-end where the other driver had no insurance is about as not-at-fault as it gets. That said, 'surcharging' and 'non-renewal' are two different things. A carrier can decide not to renew you after too many claims regardless of fault. One UM claim is very unlikely to trigger that. Just keep your documentation tight — police report, photos, medical records, the works.

  • 7
    keen-beaver-287

    A couple of things worth knowing: many states explicitly prohibit rate increases for not-at-fault UM claims, but the rules vary. Look up your state's insurance commissioner website — they usually have a plain-language FAQ on exactly this. Also, if the at-fault driver ever becomes traceable (collections sometimes catches up with people), your insurer may pursue subrogation and recover what they paid out. That process is invisible to you but it's happening in the background.

    • 9
      steady-rider741

      That lines up with what my adjuster told me too.