How Much Will My Insurance Go Up with an At-Fault Accident in New York?
If you’ve ever wondered how much will my insurance go up with an at-fault accident, you’re not alone.
This is one of the first questions New Yorkers ask after a crash.
The short answer is that it often goes up a lot.
However, the exact amount depends on your insurance company, your driving record, and how fault is decided. Here’s what you should know before speaking with your insurer.
What Does It Cost to Be Found At Fault in NYC?
New York is a no-fault insurance state. This means your own insurer covers your initial medical bills and lost wages, no matter who caused the crash, up to your Personal Injury Protection (PIP) limits.
However, being at fault still has consequences. When it comes to your insurance premium, fault can make a big difference.
On average, drivers in the U.S. see their auto insurance premiums go up by 20% to 50% after an at-fault accident.
In New York City, where base premiums are already some of the highest in the country, this increase can mean paying hundreds or even thousands more each year.
Insurers usually add a “surcharge” to your policy after an at-fault claim, and this extra cost can stay on your record for three to five years.
Several things can affect how much your rate increases:
| Factor | How It Affects Your Insurance Premium |
|---|---|
| Severity of the Accident | More serious crashes involving major damage or injuries usually lead to higher surcharges. |
| Prior Driving Record | Drivers with previous violations or claims often face larger premium increases. |
| Insurer’s Surcharge Policy | Every insurance company uses its own formula to calculate premium increases. |
| Injuries Involved | Accidents involving personal injury claims typically result in the highest rate increases. |
It’s also important to know that if the other driver files a claim against your liability coverage, your insurer will cover the cost of defending you. This risk can also affect your future premiums.
How New York’s No-Fault Rules Interact with At-Fault Determinations
It’s important to understand how New York’s no-fault insurance system works.
PIP pays for the first costs for both sides, no matter who caused the accident.
But if the injured person’s damages go beyond the no-fault limit, the at-fault driver’s liability insurance takes over. This happens when the injury meets New York’s definition of a “serious injury.”
How this affects your insurance premium
If you cause an accident in NYC, you could end up with both a no-fault PIP claim and a separate bodily injury liability claim on your record.
Both types of claims will appear on your claims history and can affect your renewal rate. If the other car was totaled, a property damage claim will also be added.
There’s another side to this: if you weren’t at fault, New York law offers strong protection.
Under New York Insurance Law § 2335, your insurer usually can’t raise your premium just because you filed a UM or SUM claim after being hit by an uninsured driver or in a hit-and-run.
If you’re unsure whether fault was assigned correctly, it’s worth challenging that decision. An attorney can help with this.
Disagreements about fault happen more often than most people think, especially in Brooklyn, the Bronx, and in multi-car crashes in Queens and Staten Island.
New York’s pure comparative negligence rule allows fault to be divided between drivers. Even lowering your share of fault a little can help reduce your surcharge.
In Summary
How much your insurance will increase after an at-fault accident depends on your insurer, the seriousness of the crash, and New York’s complicated fault rules.
Still, rate hikes of 20 to 50% are common and can last for years.
If there is a dispute about who is at fault or if fault is assigned incorrectly, you still have options.
Our NYC car accident attorneys at Greenstein & Pittari, LLP are ready to help you challenge the decision.
Call 1-800-VICTIM2 (842-8462) or visit our contact page to get a free consultation.
Frequently Asked Questions
1. How much will my insurance go up with an at-fault accident in New York?
Most New York drivers see their premiums go up by 20% to 50% after an at-fault accident. The exact increase depends on your insurer, how serious the crash was, and your driving record. In NYC, where rates are already high, this could mean paying $500 to $2,000 or more each year for three to five years.
2. Does New York’s no-fault system protect me from a rate increase?
No. No-fault PIP pays for medical bills no matter who caused the accident, but it does not protect you from higher premiums. If your insurer decides you were at fault, your rates will likely go up at renewal, even if the other driver’s injuries were covered by no-fault.
3. What if fault was disputed or I was only partially at fault?
New York follows pure comparative negligence, so fault can be split between drivers. If you are found 30% at fault instead of 100%, your surcharge and the amount your insurer pays may be much lower. Challenging fault is a valid option, and a lawyer can help collect evidence for your case.
4. Can an attorney help reduce the financial impact of an at-fault accident?
Yes. A NYC car accident lawyer can help you challenge unfair fault assignments, talk to insurers, and make sure any injury claims against you are handled correctly.
5. Who should I call after an at-fault accident in New York City?
Call Greenstein & Pittari, LLP at 1-917-451-6591. Our attorneys handle personal injury and car accident cases throughout all five boroughs and the surrounding areas