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The Basics

6 things to know before you file a claim

Continued from page 1

4. If you're at fault, prepare for a rate increase.

Though your insurance company might not drop you after an at-fault accident, it will likely increase your premium at the next renewal term.

"Some companies say, 'If you go three years without a claim, we give you a discount. If you get a claim, we get rid of your discount. If you start getting more claims, we start raising the rates even higher,'" and it's within the insurers' legal rights to do so, says Stephen Sugarman, a professor of law at the University of California, Berkeley.

"We have different policy options for different customers," Allstate's Siemienas says. "Some people, depending on how long they have been with us, may get a freebie (meaning no loss of coverage and possibly no premium increase) based on their tenure with the company or how long they've been claim-free."

Some insurance companies offer "accident forgiveness" policies that enable a policyholder to file a claim for an at-fault accident without the fear of a future rate increase. The drawback is that these policies might require a higher premium, even if the driver has a clean history. And though an accident could be "forgiven," it won't be forgotten -- it will still remain on the driver's record.

When assessing rates, insurance companies might look at your tier to help determine how much you'll have to pay.

They may also look at your "insurance score," which is usually calculated by a third party and is derived from information in your credit report.

"The insurance score is one of many factors we use in determining an individual's auto rate, along with the type of car a person drives, their past driving record, their age and things such as that," says Siemienas. "We try to be able to charge the appropriate rate for the appropriate risk."

A small percentage of people who have an excessive number of tickets, at-fault accidents or a drunken-driving conviction may not be able to find regular car insurance on their own. In that situation, they'd need to contact their state insurance department to join their state's high-risk pool or a find a nonstandard insurer. Both choices mean higher premiums.

5. A minor accident could be a major problem.

A person involved in a minor accident like a fender-bender might not think that it's a big deal. He or she may even decide not to tell their insurance company about the accident, preferring to pay for any damages out of pocket.

"But what some people think is minor could turn out to be a lot bigger at the end of the day," says Siemienas. For example, that fender-bender could cause a personal injury that's not evident until a week after the crash.

If people delay reporting an accident to their insurance provider, the company may have a hard time investigating the accident thoroughly -- and finding evidence that would prove that the policyholder is not at fault.

"That's why I always recommend if you are involved in an accident with another individual, you should contact your insurance company and local law enforcement as soon as possible," Siemienas says. "The later you bring us in, the more difficult it makes it on our end to investigate the claim."

A delay in reporting the accident could also make it harder to collect damages from the other party if they are at fault. "If there's any doubt about the other side paying, it's better to let your insurance company know about the accident as soon as possible," law professor Sugarman says.

6. Know your next step if your policy is not renewed.

If you've filed a claim and your policy is not renewed, it may not be entirely your fault. Your insurance company could simply be reducing the number of auto policies that it writes in your geographic area, so even one small claim could make the company decide not to renew.

If you think your current insurance company is unfairly refusing to renew your policy, contact your agent and voice your concerns. If that doesn't help, go to your state insurance department to complain. If your car insurance contract states that your company offers arbitration, contact your local representative to start the process.

Even if you take these steps, it's still important to find another insurer that wants your business, says Sugarman.

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"You can complain to the insurance commissioner, especially if there's some sort of impermissible pattern of behavior by the insurance company, but generally speaking, a company isn't required to keep you as a customer. The good news is, if your insurance company drops you, there's probably another one that would be glad to have you," especially if you have a fairly good driving record.

Regardless of which company insures you, make sure you have a policy if you drive a car. "Too many people carry way too little coverage," Sugarman says. "Carrying enough insurance not only gives you peace of mind, it protects you from getting in trouble."

This article was reported and written by Margarette Burnette for Bankrate.com.

Published Aug. 8, 2007

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