Short Answer

In North Carolina, your premium should not go up with Safe Driver Incentive Plan points unless the insurer classifies the crash as an at-fault accident and pays more than certain dollar thresholds on the claim. Premiums can still rise for other reasons (loss of an accident-free discount, statewide rate changes, or coding errors). You can contest a surcharge by asking your insurer to reclassify the accident and, if needed, filing a complaint with the North Carolina Department of Insurance.

Understanding the Problem

You were rear-ended in North Carolina while your light was green, and the police report names the other driver at fault. After the crash, your premium went up even though you were not at fault. The issue is: can your insurer raise your rate in this situation, and how do you get it corrected if the increase is based on a mistake?

Apply the Law

North Carolina uses a fault-based system for car crashes and a statewide Safe Driver Incentive Plan to set surcharges for accidents. Under that plan, insurers add points only for crashes they classify as at-fault and that meet minimum paid-claim thresholds. A rate increase after a not-at-fault crash often stems from a coding error, temporary re-rating while the companies sort out reimbursement, or the removal of a discretionary discount. The main forum to dispute a surcharge is first your insurer’s rating/underwriting department, and then the North Carolina Department of Insurance if it is not resolved.

Key Requirements

• At-fault classification: The insurer must determine your negligence was a cause of the crash for accident points to apply.
• Paid-claim threshold: The insurer must have paid on the claim above a minimum dollar amount for the crash to be chargeable under the plan.
• Timing window: Any accident surcharge applies only for a limited number of policy years after the crash.
• Proper notice and coding: The insurer should identify the surcharge and how it was calculated; you may request the rating worksheet.
• Non-accident factors: Rates can also change due to statewide rate filings or loss of optional discounts even without fault; these are contestable if misapplied.

What the Statutes Say

• North Carolina Gen. Stat. § 58-36-65 (Safe Driver Incentive Plan) - sets how accident surcharges work, including when at-fault accidents can affect premiums.
• North Carolina Gen. Stat. § 58-63-15 (Unfair claim settlement practices) - prohibits certain unfair insurance practices; you can seek regulator help if your policy is misrated due to claim handling or misclassification.

Analysis

Apply the Rule to the Facts: You were rear-ended with a green light and the police report assigns fault to the other driver. That supports a not-at-fault classification, so accident points should not be added under the Safe Driver Incentive Plan. Your increase likely stems from a miscode (the crash marked at-fault), a temporary surcharge pending reimbursement between insurers, or a removed discount. Ask your insurer for the rating worksheet and a written explanation; request reclassification based on the police report and claim file.

Process & Timing

1. Who files: You. Where: Your insurer’s underwriting or rating department. What: Request your “rating worksheet” and “accident surcharge explanation,” and file a written “reclassification” or “correction” request with the police report, claim number, and any insurer correspondence. When: Do this as soon as you receive the renewal notice—ideally before your renewal effective date.
2. If the insurer won’t correct it, file a complaint with the North Carolina Department of Insurance Consumer Services Division. Include the renewal notice, rating worksheet, your written request, and the police report. The Department will contact the insurer; response times vary by case.
3. Confirm the outcome in writing. If corrected, request an updated declarations page and billing. If not, discuss next steps with counsel about options tied to claim classification and recovery from the at-fault driver’s carrier.

Exceptions & Pitfalls

• Not every claim type is chargeable. Only certain paid claims tied to an at-fault crash count for accident points; verify how the claim was categorized.
• Police reports are persuasive, but insurers make their own fault determinations. Provide additional evidence (photos, statements) if needed.
• If your insurer paid first and is seeking reimbursement, ask for a temporary “hold” on any surcharge or a prompt reversal once reimbursement occurs.
• Discount changes can mimic a surcharge. Confirm whether the increase is truly an accident surcharge or the loss of an accident-free or other discount.
• Keep everything in writing. Ask for written explanations and save emails and letters; this helps if you escalate to the Department of Insurance.

Talk to a Personal Injury Attorney

If you're facing a premium hike after a crash you didn’t cause and need help pushing the insurer to correct it while you pursue your injury claim, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.