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
- Call 911 and get immediate medical care.
- Document the scene with photos, videos, and witness contacts.
- Get the police report (MV-104A).
- File a Driver’s Accident Report (MV-104) if required.
- Notify your insurer quickly.
- 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.