If you are in a motor vehicle collision and the other driver did not have insurance or did not have sufficient insurance on their policy to fully compensate your damages, you may be entitled to benefits from your own car insurance, assuming you pay for these benefits.
What If I Make a MedPay or UM/UIM Claim?
As discussed in the article on underinsured/uninsured motorist protection: if a driver without any insurance or enough insurance to fully compensate you, you can make a claim against your own insurance policy.
Additionally, if you pay for medical payments coverage, your insurance is legally obligated to pay you money that goes towards paying your medical bills up to the amount of coverage that you have selected (Medical Payments Coverage).
The question most often asked is, “will my rates go up an accident if I make a claim against my own insurance?”
The simple answer is… NO!
Code Of Colorado Regulations, Division of Insurance
Section 5 Regulation 5(B) states:
Rules Limiting Insurers’ Action to Refuse to Write, Cancel, Nonrenew, Increase Premium, Surcharge or Reduce Coverages.
1) Insurers shall not refuse to write, cancel, fail to renew, reclassify an insured under, reduce coverage under, or increase the premium for any complying policy based upon:
a) Claims paid under comprehensive coverage, unless the insurer can demonstrate that the loss was a result of an insured’s actions.
b)Claims paid under medical payments or uninsured motorist coverage.
The law is clear, if you are needing to make an uninsured/underinsured motorist claim or medical payments claim, your auto insurance is barred from raising your rates, canceling your coverage, failing to renew it, etc.
If you have any questions, any of our insurance experts are here to help you. Feel free to reach out any time as we are open 24/7.