Can the Insurance Company Do That?
Despite these great insurance provisions, I find that some people who need to and can file one of these claims are hesitant do so. “Why ask my own insurance company to pay for it? They’ll raise my rates!”
If they do, by “surcharging” or issuing “points” to you for making a claim against your auto policy if you weren’t at fault for the accident, they are in violation of Montana law. Check out Montana Code Annotated 33-18-201(10).
If your rates went up after you made a MedPay or UM/UIM claim, you should write to your insurance company and ask for a written reason why – you might get a nice surprise and refund.