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GoogleA windshield or other glass claim generally should not raise your car insurance premium in California when you were not at fault, and it depends on your insurer’s rules. Under Proposition 103, Insurance Code section 1861.02 makes your driving safety record the most important rating factor, and the regulation that defines that record counts traffic violation convictions and accidents in which you were principally at fault. The California Department of Insurance says that if an accident is not your fault, your insurance company does not charge you more, and that a surcharge can apply when you are at least 51 percent at fault. A rock or a falling object hitting your glass is not the kind of event that builds an at-fault record.
That said, the law speaks about surcharges, and your insurer may still review claims history for other purposes, so ask before you file. This guide is written by Mavi Auto Glass, a locally owned mobile auto glass company based in Roseville that helps drivers with auto glass insurance claims across Sacramento, Roseville, Folsom, Elk Grove and the rest of Greater Sacramento. It quotes the statutes and regulations that set the rules and lists the questions to ask your insurer. It is general information, not legal advice.
What does California law use to set your auto insurance rate?
Three mandatory factors, in order of importance. Insurance Code section 1861.02(a) says rates are determined by, first, the insured’s driving safety record, second, the number of miles driven each year, and third, the years of driving experience, plus other factors the commissioner adopts by regulation (Insurance Code 1861.02). The same section requires a Good Driver Discount policy to be at least 20 percent below the rate the driver would otherwise pay.
The table shows where each rule comes from and what it says about a glass claim.
| Rule | What it says | What it means for a glass claim |
|---|---|---|
| Insurance Code 1861.02 | The driving safety record is the first rating factor | The record is about how you drive |
| 10 CCR 2632.5(c)(1) | The driving safety record is made of traffic violation convictions and principally at-fault accidents | A glass claim from a rock is neither |
| 10 CCR 2632.13 | At fault means at least 51 percent of the legal cause; contact with falling objects is presumed not at fault | Debris hitting the glass points to no fault |
| Insurance Code 491 | The rating plan shall not increase the premium based on an accident in which the insured is not at fault | No surcharge for a not-at-fault event |
What does the California Department of Insurance say?
The Department’s auto insurance guide says that if the accident is not your fault, your insurance company does not charge you more, and that if you are at least 51 percent at fault, your premium can go up when you renew your policy, which is called a surcharge (CDI, Auto Insurance 101). The same guide lists only three reasons an auto policy can be canceled or not renewed once issued: fraud or material misrepresentation, non-payment of premium, or a substantial increase in the hazard insured against.
The Department’s guide also describes comprehensive coverage as covering damage other than a collision, such as fire, theft, vandalism, windstorm, flood and falling objects. Glass damage from debris is usually handled under comprehensive, as explained in insurance and windshield replacement in California.
Can a glass claim still affect your policy in other ways?
Possibly, and that is a question for your insurer. The rules above limit surcharges for not-at-fault events. They do not answer every question about how an insurer records claims or applies its own discounts, and we found no Department statement on that point. These are worth asking about.
- How the glass claim will be recorded on your policy
- Whether it affects any discount you have now
- Which deductible applies, and whether chip repairs are covered without one
- Whether several claims in a short time are treated differently
What can you do if your insurer says you were at fault?
Ask for reconsideration. Under 10 CCR 2632.13, an insurer that finds a driver principally at fault must notify the insured in writing, and the insured may request reconsideration within 30 days of receiving that notice. Here is how to handle it, in 4 steps.
- Read the written notice: note the reasons and the date you received it.
- Gather what happened: photos, the date and what hit the glass.
- Request reconsideration within 30 days: the insurer must answer in writing with its reasons.
- Contact the Department if needed: the CDI consumer hotline is 1-800-927-4357.
Before you file a glass claim
Check your declarations page for comprehensive coverage and the deductible, and get a repair or replacement estimate. If the estimate is close to the deductible, paying directly may be simpler. Ask your insurer how the claim will be recorded and whether it affects any discount, then decide. Mavi Auto Glass helps with auto glass insurance claims, and coverage and approval are decided by your insurer.
