In Texas, for the purpose of future insurance rates, will the non-fault accident raise rates and does it make a difference based on who we go with?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Mar 27, 2012

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Insurance Question from Denton, TX

Asked on 03/27/2012

In Texas, for the purpose of future insurance rates, will the non-fault accident raise rates and does it make a difference based on who we go with? My husband got into a car accident where it was not his fault. The cops sighted the other guy with a citation and deemed him to be at fault. Both insurace companies have deemed the car totaled, with the opposing company accepting fault. Now they offered a $8,000 settlement and my insurance company has offered $9,900. My insurance company said if we go with them, they will subrogate the claim with the other company to try to get their money back. For the purpose of future insurance rates, will the non-fault accident raise rates and does it make a difference based on who we go with?

Answer given on March 27, 2012

If you are involved in an accident that is determined not to be your fault, there is no effect on your insurance rates. You have the option of going through the other insurance company and there is no deductible involved in the settlement. If you choose to go through your insurance company they will settle the claim as they determine it to be and they will then subrogate against the other insurance company for full settlement. If they are successful in the settlement, then they will reimburse you for your deductible.Even though each insurance company has settled using a different amount of payment they will make, if they agree to an amount you will receive your full deductible. If they have to arbitrate on the amount to settle upon, then you will get the percentage that your insurance company receives as settlement for the claim. It is often easier to work with your insurance company and let them work with the other insurance company for a settlement amount.

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