Many clients worry that their auto insurance premiums will increase if they make a No-Fault claim, even if the collision wasn’t their fault. The answer is: if you are not more than 50% at fault in causing the collision, your insurance company cannot raise your rates for submitting a claim for No-Fault Benefits for yourself, or an injured relative living with you.
It is a fair claims violation under Minn. Stat. §72A.20 Subd. 23(d) for your insurer to use No-Fault claims to raise or increase premiums or rates where there is 50% (or less) fault on the insured. Subdivision (d) provides that no insurer that offers an automobile insurance policy in this state shall use an applicant’s prior claims for benefits paid under their No-Fault insurance coverage as an underwriting standard or guideline if the applicant was 50% or less at-fault in the injury-producing collision. To increase premiums for a non at-fault collision would be in violation of Minn. Stat. §65B.17 Subd. 2(b), Minn. Rule 2770.7700 Subp. 2 and Minn. Rule 2770.7900 Subp. 5. Because the claim is not a “chargeable accident” as defined in the Rules, Minn. Rule 2770.7900. Subparts 5 & 7 prohibit the claim from being assigned points for purposes of underwriting decisions.