Often time clients express concerns that their auto insurance policy will be canceled as a result of an accident or an accident-related claim or that their insurer will simply refuse to renew their policy. However, in most Pennsylvania cases this is simply not a valid concern. This is because Pennsylvania prohibits certain types of discrimination when it comes to the cancellation and renewal of auto insurance.
This law (40 P.S. 991.2003) specifically states that an insurer may not cancel or refuse to renew an auto insurance policy due to an accident that occurs under the following circumstances:
- An accident that occurs while your vehicle is lawfully parked (i.e. where a driver opens their door and injures an oncoming bicyclist);
- An accident where you are reimbursed by the person who is responsible for the accident (i.e. the accident is not your fault and the other driver’s insurance company pays for the damage to your vehicle);
- Your vehicle is struck in the rear by another vehicle and you have not been charged with a moving violation;
- The other driver is charged with a moving violation and you are not;
- A “hit-and-run” accident that is reported to the police within 24 hours;
- Any accident involving contact with an animal (i.e. you hit a deer);
- Any accident involving damage caused by flying gravel missiles or falling objects.
This law further states that an insurance carrier cannot cancel or refuse to renew your auto insurance policy as a result of any claim made under the comprehensive portion of your policy unless the loss underlying your claim was caused intentionally.
If you are hesitant to report an accident or other claim to your insurance company for fear that your policy will not be renewed or even canceled, contact the experienced personal injury attorneys at Stark & Stark for assistance.