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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 110403
Experience:  Attorney experienced in commercial litigation.
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I was T-boned by a driver that ran a stop sign. He admitted

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I was T-boned by a driver that ran a stop sign. He admitted fault as well as several witnesses that saw what happened. When I went to renew my insurance a month later I was informed my premium went up $400.00 a year because I was no longer considered a good driver and even though the accident was no blame of my own, My premiums went up. This in CA. I read nothing in CA law that states this act to be legal. Can you tell me what protection I have against this practice.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the accident was not your fault, then it should not have been charged to you as a fault accident to cause an increase in your premiums. You need to start by sending a written appeal letter to the insurer with a copy of the police report and witness names to show this accident was not your fault and as such holding it against you is breach of contract. If they refuse to reconsider, you need to file a complaint with the Department of Insurance against the insurance company.

Finally, if they cannot resolve this matter, I am afraid you would need an attorney and would have to file a civil suit against the insurer for breach of contract for improperly raising your rates for a non-chargeable accident.

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