Do you get your deductible back if you're not at fault?

Asked by: Christophe Luettgen  |  Last update: February 20, 2026
Score: 4.3/5 (34 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 the accident was 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.

Do You Have to Pay Your Deductible if You Are Not At Fault For A Car Accident?

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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.

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.

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.

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.

Should you contact your insurance company if you are not at fault?

» FAQs » Should I Call My Insurance If a Car Accident Was Not My Fault? Yes, you should call your insurance company if you were in a car accident that was not your fault.

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.

Why do I have to pay a deductible if it's not 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.

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

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.

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.

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.

Should I let my insurance know if it wasn't my fault?

Yes, it is generally advisable to notify your insurance company even if the accident wasn't your fault. Most insurance policies require policyholders to promptly report any accidents or incidents, regardless of fault.

What happens when your car is totaled but still drivable?

Some states, including California, require a salvage title for totaled cars legally driven on the road. This entails obtaining approval from the Department of Motor Vehicles (DMV) and adhering to the state's minimum insurance requirements. This is also likely to have a significant impact on insurance premiums.

What happens if no one is at fault in an accident?

But what will happen if no one is at fault for your car accident? You can always file a no-fault car insurance claim. The insurance provider will compensate the policyholder and its passengers for the cost of minor injuries and loss of income regardless of who caused the accident.

When not to claim car insurance?

If your damages are minor, you're much better off just paying out of pocket.” Even if the repairs cost slightly more than the deductible, it's still not worth submitting a claim that gets added to your claim history and can negatively affect your premiums in the future.

How much are most car accident settlements?

Average Car Accident Settlement Examples in California
  • Whiplash: $5,000-$20,000.
  • Mild-Moderate Concussion: $20,000-$30,000.
  • Knee or Shoulder Injury: $30,000-$100,000.
  • Broken/Fractured Bones: $30,000-$100,000.
  • Moderate Neck or Back Injury: $30,000-$100,000.
  • Herniated Disc: $50,000-$100,000+

How long does an at-fault accident stay on the insurance record?

In California, car accidents typically stay on your record for three years. After three years, they are likely to be deleted.