Insurance rates after being hit by a drunk driver in California usually do not go up if you were not at fault. If the crash is not your fault, your insurer generally cannot surcharge you for it. The key is making sure fault is documented clearly and that you handle the claim in a way that protects you. This guide breaks down when California insurers can raise your rates, what “fault” really means in a DUI crash, and the steps that help protect you after the claim is opened.
The rule in California: no surcharge if the accident is not your fault
California law protects drivers who aren’t responsible for causing an accident. Under California Insurance Code Section 1861.02(a), your insurance company generally cannot raise your rates solely because you were involved in an accident where you weren’t at fault.
If the accident is not your fault, your insurance company does not charge you more. If you are at least 51 percent at fault, your premium can go up at renewal, and that increase is called a surcharge.
So if you were hit by a drunk driver and you are not the one who caused the collision, your rates typically should not rise just because you reported it or needed repairs.
Why people still see premiums change after a drunk driver crash
Even with strong consumer protections, drivers sometimes think the crash caused a higher bill later. Here are the most common reasons:
Multiple claims in a short period
Even if none are your fault, filing several claims within a few years can flag you as higher risk to insurers.
Fault gets disputed
Insurance decisions often come down to documentation. If the insurer believes you share responsibility, even partially, the fight becomes about whether you were “principally at fault.” California’s guide uses the 51 percent standard for when a surcharge can apply. That is why the police report, witness info, photos, and any evidence of impairment matter.
Your policy renews in a different pricing environment
California auto rates can rise for reasons that have nothing to do with your individual claim. That is frustrating, but it is separate from a surcharge tied to fault.
You changed coverage or deductibles during the process
Sometimes people adjust coverage after a crash, add rental reimbursement, change deductibles, or replace a vehicle. Those changes can affect what you pay going forward. Bottom line: if you were truly not at fault, a premium increase should not be framed as a penalty for the crash itself.
Who pays for damage when a drunk driver hits you in California?
California is not a no fault state for car crashes. Liability matters. In most drunk driving collisions, you will be pursuing compensation through the drunk driver’s auto liability insurance first.
The drunk driver’s liability insurance is usually primary
California’s minimum liability limits are 30,000 per person, 60,000 per accident, and 15,000 for property damage.
That property damage limit is a big deal. If your vehicle damage is higher than the drunk driver’s policy limit, there can be a gap.
If the drunk driver has low limits or no insurance, your coverage may step in
Depending on what you carry, you may have options like:
- Collision coverage for your vehicle repairs (minus your deductible), even when the other driver is at fault. Your insurer can then try to recover what it paid through subrogation.
- Uninsured motorist property damage coverage, which California consumer materials describe as having a 3,500 limit and only paying if the uninsured driver is identified.
- Uninsured and underinsured motorist bodily injury coverage can help when the at fault driver cannot fully cover your injuries. California’s Department of Insurance explains uninsured and underinsured motorist coverage as protection when the other driver has no liability insurance or not enough.
If you are badly hurt, low policy limits can become a serious problem fast. That is when coverage analysis and a well built claim matter most.
What if the drunk driver doesn’t have insurance?
California requires all drivers to carry minimum liability insurance, but many people drive without it particularly those who drink and drive. If you’re hit by an uninsured drunk driver, your options include:
- Filing through your uninsured motorist coverage
- Pursuing a personal injury lawsuit directly against the driver
- Working with an attorney to identify other sources of compensation
Using your uninsured motorist coverage shouldn’t increase your rates since you’re still not at fault for the accident. This coverage exists specifically for situations like this.
What you should do after a drunk driver hits you
If your goal is full compensation and minimal insurance headaches, these steps help:
1) Call law enforcement and make sure a report is generated
A drunk driving crash should create a paper trail. The report can help lock in fault, document impairment indicators, and identify witnesses.
2) Take photos and video before vehicles are moved if it is safe
Capture the whole scene, vehicle positions, damage, skid marks, traffic lights, and any open containers or signs of impairment you can safely document.
3) Get medical care the same day if you feel any symptoms
Many serious injuries do not feel serious right away. Also, delays are exactly what insurers use to argue your injuries were not caused by the crash.
4) Notify your insurer, but be careful with recorded statements
You generally need to report the crash. Keep your description factual and short. If you are unsure about fault arguments, coverage, or what to say, get legal advice before giving a detailed recorded statement.
5) Track every cost
Save tow receipts, rental invoices, repair estimates, medical bills, and proof of missed work. A strong file is harder to undervalue.
When to talk to a California drunk driving accident lawyer
Consider getting legal help if any of these are true:
- You were injured and treatment is ongoing
- The insurer is hinting you share fault
- The drunk driver has minimum limits or no insurance
- Your car is totaled or repairs are expensive
- It was a hit and run or the driver is hard to identify
- You are getting pressured to settle early
Insurance companies move differently when they know you have someone who can prove damages and take the case to trial if needed.
If you were hit by a drunk driver anywhere in California, you should not have to guess whether your rates will rise or whether the insurer is handling your claim fairly. Drunk driving accident lawyers at Bojat Law Group can review the facts, identify all available coverage, and push for the full value of your injuries and losses.
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