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.
Yes, you must pay your deductible. Fault has no bearing whatsoever on your deductible. It is simply the portion of the risk that you agreed to retain.
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.
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.
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.
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.
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.
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.
Start the claims process
Regardless of who's at fault, it's a good idea to inform your car insurance company that an accident occurred.
If you hit a parked car and leave, a police officer can use witnesses, surveillance footage, your license plate, and other evidence to identify and arrest you.
You can sue someone for hitting your parked car, but you'll need to prove the other driver's liability and the amount of damages you've suffered. If you do want to sue, get the right paperwork and file the lawsuit in small claims court.
The insurance carrier outlines its responsibilities in the benefits, limits, and exclusion sections. But homeowners also have responsibilities as well. If you do not pay your deductible you are committing a crime. Technically, this is a form of insurance fraud.
If your deductible has been satisfied, your health insurance will pay for the service, minus any copayment or coinsurance you are required to cover. If the deductible has not yet been satisfied, you are responsible to pay for the services received—this is your contribution toward the deductible.
Generally, when you have Geico collision coverage, an adjuster provides an estimate of damages. This allows the policyholder to go to a body shop, give it the insurer's estimate, and get the car repaired. The policyholder usually needs to pay a deductible.
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.
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.
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.
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.
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.
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.
Who pays my deductible if I'm not at fault? If another person is found to be at fault for the accident, we'll work with you to make sure either they or their insurance company pays for your damages and losses and recover any money you may have paid toward your deductible or repairs.
If you own the car outright, you will receive the check. If not, the check goes to the leasing company or the lender, otherwise known as the lien holder. If you owe money on the vehicle, you should notify the lending company that your car has been totaled.
There is no California law per se about notifying your insurance company after a collision, but your auto insurance policy is a contract. When you signed it, you agreed to the stipulations in the contract, which will almost certainly include the requirement to notify the insurance company promptly after an accident.