Your Premiums Should Not Go Up if the Wreck is Not Your Fault

Your Premiums Should Not Go Up if the Wreck is Not Your Fault

Fundamental fairness and common sense would seemingly dictate that your auto insurance premiums should not go up when you are involved in an accident that is not your fault. Unfortunately, common sense and fundamental fairness are not precepts upon which the multi- billion-dollar auto insurance industry is built.

I tried, futilely, during my tenure as an officer of the West Virginia Association for Justice and president of that organization in 2012-2013, to convince the West Virginia legislature that a law needed to be passed to prevent insurance companies from punishing policyholders for presenting claims arising out of accidents caused by someone other than the policyholder.

There are many different types of coverage, that most West Virginians carry, that provide protection for policyholders and their families when involved in an accident that is caused by another person.  For example, uninsured motorist coverage protects policyholders when they are involved in an accident caused by a driver that did not carry insurance.  For example, if you are driving to work and you are stopped at a red light and rear-ended by an uninsured vehicle, you would be able to turn to your uninsured motorist property damage coverage to pay to have your car fixed.  You would also be able to turn to your uninsured motorist bodily injury coverage to compensate you for any injuries you suffered in the accident including medical bills, lost wages, pain and suffering, etc.

These coverages that you buy to protect yourself and your family are not inexpensive.  If you are willing to pay the money to purchase the coverage to protect yourself and your family, why should you be punished when you need to take advantage of the coverage due to an accident that is caused through no fault of your own?  The simple answer is you should not.  The truth is the insurance companies, at least in West Virginia, can increase your rates for any claim that you present regardless of whether you were at fault or completely free of fault.  This is simply unfair and needs to be addressed by the West Virginia legislature.  At my last count, at least 19 other states and the District of Columbia had laws on the books that prevent insurance companies from treating policyholders so unfairly.  It is time that West Virginia steps up to the plate and protects its citizens from this predatory practice.

If I purchase coverage, I should be able to use it without fear of reprisal.  Unfortunately, all efforts made to pass this legislation were met with the full brunt of the insurance industry lobby who tried to convince lawmakers that if I am rear-ended on National Road on my way to work I am 80 percent more likely to be in an accident the following week according to their “secret data.”