Short answer: In the states below, your auto insurer can't raise your premium just because you were in an accident that wasn't your fault. Every state in the table restricts not-at-fault surcharges, and Colorado, Nevada and Oklahoma also bar cancellation or non-renewal for them. General rate increases that apply to everyone can still raise your bill.
Rules on what counts as "not at fault" differ. Keep the police report and any proof the other driver was cited or paid.
The table
| State | Rule | Details | Source |
|---|---|---|---|
| Arizona | An insurer can't raise your auto premium because of an accident you didn't cause or significantly contribute to | If your premium goes up because of an accident, the insurer must tell you why. The director can order refunds after a hearing | A.R.S. §20-263 |
| Colorado | Insurers can't cancel, non-renew, refuse to write, reclassify, reduce coverage or raise premiums because of accidents that weren't your fault (or a household member's or permissive user's) | General rate increases filed with the commissioner still apply | C.R.S. §10-4-628(1)(a) |
| Florida | Insurers can't surcharge liability, PIP, med-pay or collision, or non-renew, solely because of an accident unless their file shows in good faith you were substantially at fault | If surcharged, you're entitled to a refund or renewal if you show, for example, you were lawfully parked, were reimbursed by the at-fault party, or the other driver was convicted. One at-fault accident in 3 years can't alone cause non-renewal | Fla. Stat. §626.9541(1)(o)3 |
| Kentucky | No premium increase on an auto liability policy solely because of an accident claim if you weren't at fault or contributorily negligent | You can notify the insurance commissioner in writing if you think this happened; the commissioner must investigate and tell you what was done | KRS §304.20-045 |
| Louisiana | Insurers can't raise your rate, add a surcharge, cancel or non-renew an auto policy based on non-fault incidents, whether or not police were called | Non-fault accidents can't be the sole reason to deny an application. An insurer that violates this must refund the overcharge plus a penalty of triple the refund or $1,000, whichever is greater, and you can get attorney fees if you win | La. R.S. 22:1284 |
| Massachusetts | Under the Safe Driver Insurance Plan (used by some insurers and the state assigned-risk plan), an accident counts against you only if you were more than 50% at fault and the claim paid more than $1,000 beyond any deductible | Insurers that don't use SDIP must have their own merit rating plan approved by the Division of Insurance. You can appeal an at-fault determination; the Division's appeal page explains how | Mass. Division of Insurance, SDIP page; 211 CMR 134.00 |
| Nevada | Insurers can't refuse to issue, cancel, refuse to renew or raise the renewal premium on private passenger or commercial vehicle policies because of claims where you weren't at fault | The same applies to claims the insurer didn't pay or fully recovered (for example through subrogation) and to coverage inquiries | NRS §687B.385 |
| Oklahoma | Insurance Department: under Section 941 of the Insurance Code, an insurer can't assign driving record points, cancel, refuse to renew or raise the premium on liability or collision coverage because you were in a collision and weren't at fault | Applies to motor vehicle liability and collision policies | Oklahoma Insurance Department FAQ (36 O.S. §941) |
| Pennsylvania | Insurers may not surcharge for claims from accidents where you weren't at fault | The rule lists not-at-fault situations, such as being rear-ended with no traffic conviction, or the other driver being convicted. No surcharge for comprehensive claims unless the loss was intentional | 31 Pa. Code §67.33 |
| Utah | Filed personal lines rates can't allow a premium increase, at issue or renewal, for an auto claim from an incident (including vandalism) where you or a permissive driver weren't at fault | They also can't raise your premium for a phone call or inquiry that doesn't turn into a claim request | Utah Code § 31A-19a-212 |
We list only states where we read the official text ourselves in October 2026. A state that is missing is not covered here; check that state's statute or insurance department.
If your rate goes up after an accident you didn't cause
- Ask the insurer in writing why your premium changed.
- Send proof of no fault: police report, the other driver's citation, or proof the other insurer paid.
- Ask for a refund of any improper surcharge. Florida's statute spells out when you're entitled to one.
- Complain to your state insurance department if the insurer won't fix it.
See also car insurance cancellation and non-renewal notice rules by state.
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Methodology
Each row was read from the official source linked in the Source column in October 2026. This is general information, not legal advice. See also the state insurance rules hub.
Frequently asked questions
Can my insurance go up if I wasn't at fault?
In Arizona, Colorado, Florida and Pennsylvania, insurers can't surcharge you for an accident you didn't cause, though general rate increases can still apply.
How do I prove I wasn't at fault in Florida?
Fla. Stat. §626.9541 lists ways, such as showing you were lawfully parked, you were reimbursed by the responsible person, or the other driver was convicted of a moving violation.
Can a Colorado insurer drop me after a not-at-fault accident?
No. C.R.S. §10-4-628 bars cancellation, non-renewal and premium increases based on accidents that weren't your fault.
Alishahi Insurance · 439 N Canon Dr, Penthouse, Beverly Hills, CA 90210 · (877) 711-4545 · CA License #4348151. General information only. Not legal, tax or financial advice, and not a coverage determination. Coverage depends on policy language and underwriting, and rules vary by state.