Do I get my deductible back if I'm not at fault?

Asked by: Mr. Derek Schmidt  |  Last update: February 16, 2025
Score: 4.3/5 (25 votes)

Yes, if you have to pay your deductible and you were not at fault, you may be able to get it back from the at-fault driver's insurance company. This is called subrogation. Your insurance company will pursue the at-fault driver's insurance company to recover the money paid for the damages, including your deductible.

Do you ever get your deductible back?

Your insurance company will pay for your damages, minus your deductible. Don't worry — if the claim is settled and it's determined you weren't at fault for the accident, you'll get your deductible back. The involved insurance companies determine who's at fault.

Why do I have to pay a deductible if it's not my fault?

Your deductible is owed regardless of fault. It's purpose is to deter insureds from filing a claim for anything and everything under the sun and doesn't take liability/negligence into consideration.

Do deductibles get refunded?

Your deductible is due to the repair shop once repairs are completed. If the other party is found to be at fault for the accident, we'll begin the deductible recovery process to reimburse you for the amount you paid for your loss.

What happens after a car accident that is not your fault?

Report the Car Accident to Your Insurance Company

If you had no fault at all in the car accident, the other driver's insurance company should be liable for your damages. You should be compensated for all of the costs of the accident.

Insurance Companies to AVOID!

32 related questions found

Should I file an insurance claim if I am not at-fault?

Always File a Claim, Regardless of Who Was At-Fault

One of the primary questions we receive from clients who have been in an accident is whether they should report the accident to their own auto insurance carrier, particularly when the accident was not their fault. And the answer to that question is: always.

Does your insurance go up after a claim that is not your fault?

Some may raise your premiums by 10 percent, while others may charge you only 2 percent more. In addition, certain states, such as California and Oklahoma, don't allow insurance companies to increase rates after a non-fault claim.

Do I have to pay my deductible if the accident wasn't my fault progressive?

If a driver hits you, your collision coverage will still cover the damage to your vehicle, but you won't have to pay your deductible. In some states, the driver must also be uninsured for a CDW to apply.

Is it better to have a $500 deductible or $1000?

Remember that filing small claims may affect how much you have to pay for insurance later. Switching from a $500 deductible to a $1,000 deductible can save as much as 20 percent on the cost of your insurance premium payments.

Do I have to pay deductible if I was not at fault with Allstate?

Your collision coverage helps pay to repair damage to your vehicle, regardless of who's at fault. Keep in mind you'll have to pay your deductible.

Am I responsible for the deductible?

For example, if you have a health insurance policy with a $1,000 deductible and you receive a medical bill for $2,000, you would be responsible for paying the first $1,000 and your insurance would cover the remaining $1,000.

How to get deductible waived?

Fault determination: Most insurers require you to be not at fault for the accident. Some auto companies may require you to be 100 percent fault-free to have the deductible waived, while others may waive a percent of your deductible based on your percentage of fault.

Do you have to pay a deductible if someone hits your parked car?

With both collision and uninsured motorist property damage coverage, you may be responsible for paying a deductible before your insurance provider will help pay for the damage. Your coverage will also be subject to your policy limits, which is the maximum amount your insurance will pay for a covered claim.

Why do I have to pay a deductible if the accident wasn't my fault?

Insurance companies collect deductibles every time they settle a claim, so they don't care who was at fault. You would not be at fault if your car was stolen from a secure facility, but you would still pay a deductible if you filed an insurance claim.

What to do if someone falsely claims you hit their car?

Gather as much information as possible—photos, witness statements, and any relevant documentation—so you're prepared to defend yourself if the claim escalates. Remember to report the incident to your insurance company immediately, even if you believe the accusation is entirely unfounded.

Does the deductible reset?

A calendar year deductible schedule resets on January 1 of each year. This means that you must pay your deductible again if you have any medical expenses that are covered by your health insurance plan during the calendar year.

What is too high of a deductible?

For individuals, a health plan can qualify as high deductible if the deductible is at least $1,350, and the max out-of-pocket cost (the most you'd pay in a year for medical expenses, with insurance covering everything else) is at least $6,750.

Do I have to pay deductible if I was not at fault with Geico?

Let's say your vehicle is damaged due to another driver's negligence. Once GEICO settles your claim, we'll likely seek to recover your deductible, as well as the amount we paid, from the negligent party or that party's insurance company.

Who pays the deductible in a car accident?

In California, determining fault is crucial in deciding who ultimately pays the deductible. California follows a “fault” insurance system, meaning the driver responsible for causing the accident pays for the damages through their insurance company.

Should I file an insurance claim if I am at fault?

If you damage someone else's vehicle during a significant collision, and you're at fault, you should always file a claim.

How do I get more for my totaled car?

6 Steps to get the most money from insurance for your totaled car
  1. Ask for the valuation report. ...
  2. Conduct your research on the value of your vehicle. ...
  3. Gather and provide supporting documentation. ...
  4. Consider getting a third-party appraisal. ...
  5. Negotiate with your insurance company. ...
  6. Get what is rightfully yours.

Will my insurance go up if I'm not at fault?

California law prevents insurance companies from increasing your rates for accidents where you are not considered principally at fault.

How does insurance work if it's not your fault?

In general, an accident where the other driver is at fault will not cause your auto insurance premiums to increase. Your insurer is not involved since the at-fault driver's insurer is responsible for your medical treatment and vehicle repairs.

How long does a no-fault accident stay on your record?

But how long does a car accident stay on your record in California? Typically, accident records are kept by the DMV and insurance companies for three years before being deleted.

What is accident forgiveness?

For drivers in California, accident forgiveness isn't an option. Proposition 103, which passed in the state in 1988, outlaws “excessive” insurance rates and accident forgiveness was deemed excessive as you're essentially paying for coverage on an accident that hasn't happened yet.