November 6, 2025

Will Filing a Car Accident Claim or Hiring a Lawyer Raise My Insurance Rates?

The Short Answer: No

If you were injured in a car accident in New York City, filing a legitimate claim or hiring a personal injury lawyer will not automatically increase your insurance premiums. Under New York’s no-fault insurance laws, rates are based on fault, driving history, and overall risk – not whether you exercise your right to compensation.

How Insurance Rates Are Determined in New York City

Auto insurance companies in NYC set premiums using several factors:

  • Fault for accidents – At-fault drivers face the highest surcharges.
  • Driving record – Tickets, prior crashes, or DUI/DWI convictions raise rates.
  • Claims history – Frequent or high-value at-fault claims signal higher risk.
  • Vehicle and location – Expensive cars and garaging in areas like Brooklyn or the Bronx may cost more.
  • Age and experience – Younger drivers in New York City typically pay the most.

Important: Hiring an attorney in NYC does not affect your insurance premiums. Insurers cannot legally increase rates just because you consult or retain a lawyer.

Understanding New York City’s No-Fault Insurance System

New York is a no-fault state, which means your no-fault covers medical bills, lost wages, and basic expenses – regardless of who caused the crash.

  • Filing a NO-FAULT claim alone will not raise your premiums.
  • If you’re found substantially at fault, rates may increase.
  • To sue for pain and suffering, you must meet New York’s serious injury threshold (e.g., broken bones, permanent disability, disfigurement, or death).
  • If medical costs exceed your no-fault limits, you may pursue additional damages from the at-fault driver’s liability insurance.

When Car Insurance Premiums May Increase in NYC

Your premiums may rise if you:

  • Are found at fault for a crash in Manhattan, Brooklyn, Queens, the Bronx, or Staten Island.
  • Cause a severe or costly accident.
  • Have multiple claims in a short period.
  • Receive moving violations (speeding, reckless driving, DWI, red-light tickets).
  • Add high-risk drivers to your policy.
  • Move to a higher-risk neighborhood in NYC.

In New York, surcharges typically last up to three years but can fall off sooner if you maintain a clean record.

When Premiums Should Not Rise in New York City

By law, insurers generally cannot surcharge you for:

  • Not-at-fault accidents – e.g., rear-ended while stopped in traffic.
  • Parked car accidents – if your legally parked car was hit.
  • Hit-and-run accidents – provided you promptly report it to police.
  • Subrogated claims – when your insurer recovers most losses from the other driver.
  • Comprehensive claims – theft, vandalism, weather, or animal damage.

Myths About Lawyers, Claims, and NYC Insurance Rates

  • Myth: Hiring a car accident lawyer in NYC raises your insurance rates.
    Truth: Insurers are not notified when you retain a lawyer.
  • Myth: Filing a lawsuit automatically increases premiums.
    Truth: Only fault affects rates. A lawyer may even prevent unfair blame.
  • Myth: All claims raise rates in New York City.
    Truth: Not true – only at-fault or high-risk claim patterns typically impact premiums.

What To Do After a Car Accident in New York City

  1. Call 911 and get immediate medical care.
  2. Document the scene with photos, videos, and witness contacts.
  3. Get the police report (MV-104A).
  4. File a Driver’s Accident Report (MV-104) if required.
  5. Notify your insurer quickly.
  6. Speak with an NYC car accident lawyer before giving detailed statements to insurance adjusters.

Legal Deadlines in New York

  • Personal injury lawsuits: 3 years from the accident.
  • Wrongful death lawsuits: 2 years from the date of death.
  • Insurance claims: File promptly to protect your rights.

Speak With a New York City Car Accident Lawyer

If you’ve been hurt in a crash, don’t let fear of higher premiums stop you from protecting your rights. At Greenstein & Pittari, LLP, we:

  • Investigate fault and protect you from unfair surcharges.
  • Handle negotiations with NYC insurance companies.
  • Fight for the maximum compensation you deserve.

Call 1-800-VICTIM2 (1-800-842-8462) for a free consultation. You pay nothing unless we win.

Why Choose Greenstein & Pittari in NYC?

  • Convenient offices in Harlem, Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County.
  • Our Fee Guarantee – No Fee Unless We Win.
  • Bilingual legal services available.
  • Hundreds of positive client reviews.
  • Top-rated, award-winning lawyers (Best Lawyers, Super Lawyers).

Don’t Be a Victim Twice. Call today and let us fight for your future.

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