US-New YorkCan my insurance rates increase after a no-fault claim in New York?
Yes, your insurance rates can increase after a no-fault claim in New York, even if you were not at fault — insurers may consider frequency and cost of claims when setting premiums.
What the Law Says
New York law permits auto insurers to raise premiums after no-fault (Personal Injury Protection or PIP) claims — but only under specific, regulated conditions. The key statute is the New York Insurance Law, which governs how and when insurers may apply surcharges.
Under New York law, insurers may apply a 'surcharge' — an increase in your premium — if you file a no-fault claim that results in payments for medical expenses, lost wages, or other covered PIP benefits. This is allowed even if you were not at fault in the accident.
The law does not prohibit surcharging for no-fault claims, unlike some states. Instead, it regulates *how much* and *how often* insurers may surcharge — requiring approval from the New York State Department of Financial Services (DFS) and adherence to filed rating plans.
Insurers must justify surcharges using actuarially sound data showing that claim frequency or severity correlates with future risk. They cannot impose arbitrary or discriminatory increases.
Statutory TextNo insurer shall make any change in its rating plan unless such change has been filed with and approved by the superintendent.
— N.Y. Ins. Law § 2305(a) — Filing and approval of rating plans
Statutory TextA surcharge may be applied only where the insured has been involved in one or more accidents or has made one or more claims… and such accident or claim was not the sole cause of the surcharge.
— N.Y. Comp. Codes R. & Regs. tit. 11, § 167.8(b) — Surcharges for accidents and claims
What Courts Have Said
New York courts have upheld insurers’ right to surcharge for no-fault claims when properly justified and applied consistently — rejecting challenges based on fairness or lack of fault.
Court affirmed that insurers may apply surcharges for no-fault claims under approved rating plans, even absent driver fault, because claim history is a valid predictor of future risk.
Reinforced that DFS-approved rating plans — including those allowing no-fault claim surcharges — are binding and lawful if based on credible actuarial data.
What to Do
Review your policy’s endorsement page or ‘rating information page’ to see if your insurer applies no-fault claim surcharges.
Request a written explanation from your insurer if your rate increases after a no-fault claim — they must cite the specific rating rule used.
File a complaint with the NYS Department of Financial Services (DFS) if the surcharge appears inconsistent with their approved plan or violates § 167.8.
Shop around before renewal: surcharge policies vary by insurer — some apply smaller or no surcharges for first-time no-fault claims.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.