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Car Insurance Question  I have a car with hail damage in the state of Rhode Island. Will making an insurance claim make my rates increase? I am unsure of RI laws on comprehensive insurance.

As you are aware a claim for hail damage would be placed under the comprehensive portion of your policy. In general this type of claim may or may not increase your auto insurance rates. There are many factors involved in the rating system such as state laws and regulations and internal insurance company guidelines. The bottom line is that it usually a better economical choice to file the claim than to try to factor in the increase in insurance premiums. As an agent, my general rule is that if the total claim is over $1,000 to $1,500 then it is more economical to file the claim, even if there is a higher premium. Of course, every situation is unique. Some companies have a $400 claim threshold before they include the claim as a factor of rates, while others have $1,500. Of course, each company has different rules depending on the state.

Some states do not allow for rates to be raised due to not at fault incidents, like a hail damage claim, while others states do allow it and then it would be up to your own individual insurance carrier's rating system to determine if your premiums would rise due to this claim.

Rhode Island Insurance Regulations gives information on surcharges that insurers can charge due to certain events. Here in RI Insurance Regulation Section 7 it states that no insurer shall charge a higher premium as a result of any loss for which a surcharge is prohibited by R.I. General Laws 27-9-4 and 27-9-53 or section 8 of this regulation.

Insurers must offer each insured the lowest premium for which that insured qualifies, within the insurer or group, at policy issuance and annual renewal. No insurer shall use a prior carrier type (i.e. standard, non-standard or preferred) for the placement of an insured into a tier or company or use for discount/surcharge programs.

No insurer may establish a premium surcharge or penalty, remove a discount, decline an award of credits, tier or re-tier, or place insured with a member company or otherwise alter premium for any loss(es) other than a Chargeable Accident or Moving Violation. Insurers in RI may not establish “loss free discounts” or “tiers” which take into account losses which are not Chargeable Accident(s) or Moving Violation(s) as defined in this Regulation, and/or which occurred more than three (3) years prior to the time the policy is issued or renewed.

Rhode Island General Laws 27-9-4 states that no insurance group, carrier or company shall assess any premium surcharge against any insured covered by a motor vehicle policy where a property damage claim payment is less than one thousand dollars.

RI General Law 27-9-53 notes that any insurance group, carrier, or company, in establishing any rate of insurance or rating system relative to a motor vehicle policy which provides for premium or rate increases based on accidents or moving or other chargeable violations, shall consider and include in those rates or rating system only those accidents or moving or other chargeable violations, which have occurred within three (3) years of the most recent accident or moving or other chargeable violation.

So in Rhode Island for claims resulting from a non at fault incident like hail damage it does not appear an insurance company car raise your rates or charge a surcharge since it is not a chargeable accident or a moving violation. If you do have any surchargeable items on your RI driving record then it can affect your insurance rates for only 3 years.

To find out about your specific insurance company's rating system regarding how violations and claims affect your premiums speak with your agent.To find out more about RI insurance laws contact the Rhode Island insurance regulator.

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This car insurance question was asked on 8/14/2008
This auto insurance answer was last updated on 8/16/2008
Amanda requested this car insurance solution.
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