Can My Insurance Rates Be Raised?
Many people have raised the issue of whether an
insurer (an insurance company) can raise a person’s automobile
insurance rates when that individual has filed against their medical
pay or uninsured/underinsured motorist portion of their policy.
Pursuant to Title 36 O.S. 941:
A. No insurance carrier who issues motor vehicle
insurance policies in this state shall assign driving record
points, cancel, refuse to renew or increase
the premium rate (emphasis added) for any motor vehicle
liability or collision insurance policy for the reason that
the insured has been involved in a motor vehicle collision and
was not at fault. (emphasis added)
B. This section shall not apply to an insured who has been convicted
of:
(1) homicide or assault arising out of the
operation of any motor vehicle; or
(2) a violation of § 11-902 or 761 of this title as being
impaired by or under the influence of alcohol or intoxicating
liquor or who was under the influence of any substance included
in the Uniform Controlled Dangerous Substances Act.
C. The insurance commissioner may suspend or
revoke, after notice and hearing, the certificate of authority
to transact insurance business in this state of any insurance
carrier violating the provisions of this section or may censure
the insurer or impose a fine.
Therefore, if the client was not at fault, their
premium can not be raised. There may be exceptions to this. If
the individual was at fault, the amount that the insurer is allowed
to increase the rate depends upon the insurance company’s
rating factors, which are on file with the insurance commissioner
of the state of Oklahoma.
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