Is it illegal to cover deductibles?

Asked by: Chadrick Torphy  |  Last update: July 30, 2025
Score: 4.9/5 (15 votes)

No. A deductible is part of your home insurance policy. It's illegal for contractors to waive your deductible or help you avoid paying it.

Is it illegal for a company to pay your deductible?

Deductibles. It is illegal for a contractor to pay, waive, or discount your insurance deductible. It is insurance fraud if homeowners don't pay their deductible. Some contractors offer waived or discounted deductibles as a selling point to their customers.

Is paying someone's deductible illegal?

The contractor will “absorb”, “waive”, or offer to pay the deductible. The problem is that it's not legal. It's all about the fact that the contractor, no matter what they say, needs to be paid that $1000. In many cases, that's their entire profit.

Is it illegal for a contractor to pay a deductible?

If your contractor offers to pay that for you, it's illegal. IT'S INSURANCE FRAUD The reason that it's illegal for the contractor to pay your deductible is because it's insurance fraud.

What is the deductible law?

Deductible in tax law (referred to as a tax deductible) means an item or expense that can reduce the taxes a person owes in a given year. A deductible item is subtracted from the total taxable income which can substantially reduce taxes owed by an individual or corporation.

Revealed: How Roofers (Illegally) Pay Deductibles

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Is it legal for a roofer to pay your deductible?

You'll hear some roofing companies offering to pay deductibles, but this is illegal. Not only is a roofing company paying your deductible illegal, but it is outright committing fraud. Some homeowners jump at the opportunity when a roofing company is willing to pay their deductible.

Can a deductible be reimbursed?

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.

How to avoid paying a deductible?

How Can I Avoid Paying a Car Insurance Deductible?
  1. Choose not to file a claim until you have the money.
  2. Check your policy, as you may not have to pay up front.
  3. Work out a deal with your mechanic.
  4. Get a loan.

Is it illegal for a body shop to pay your deductible?

Any savings from the repair work clearly belongs to the insurance company. By keeping the deductible you are violating your insurance policy and could be committing insurance fraud. Penalties for insurance fraud are very severe in California.

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 are deductibles allowed?

Insurance companies use deductibles to ensure policyholders have skin in the game and will share the cost of any claims. Deductibles cushion against financial stress caused by catastrophic loss or an accumulation of small losses all at once for an insurer.

Why do I have to pay deductible when not at 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.

Is it legal to collect deductibles upfront?

In other situations, including a pre-scheduled surgery, the hospital or other providers can ask for at least some payment upfront. But in most cases, a health plan's network contract with the hospital or other medical provider will allow them to request upfront payment of deductibles, but not to require it.

Do you actually pay your deductible?

You have to pay a deductible any time you make a claim for your car insurance. The deductible is an agreed-upon amount that you have to pay out of pocket whenever you make an insurance claim before the insurer will cover the cost of damages.

Is waiving deductibles illegal?

Providers sometimes waive patients' cost-sharing amounts (e.g., copays or deductibles) as an accommodation to the patient, professional courtesy, employee benefit, and/or a marketing ploy; however, doing so may violate fraud and abuse laws and/or payor contracts.

What is exempt from deductible?

Note that some services—like preventive care, and on some plans, generic drugs—aren't subject to the deductible or to a copay, which means you don't have to pay anything for that care.

Can the person who hit me pay my 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.

How do body shops waive deductible?

Most body shops will work with an insurance company to cover the majority (if not all) of the cost of bodywork on a vehicle. Insurance companies in these instances set rates for the work performed. Therefore, to waive the deductible is taking an added discount off of an already discounted rate.

Can I sue an auto body shop?

You will need to be able to prove that the damages were caused by the body shop and what the cost of repairs are. You can do this with expert testimony from and through either paid receipts for repair or two written estimates for repair. If the cost of repairs is less than $5000 you can sue in small claims court.

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.

What if I can't pay my insurance deductible?

If you can't afford your deductible, there is a chance you won't be able to begin repairs right away. If your insurer requires your deductible be paid before they issue the remaining funds for a claim, you will need to find a way to pay it upfront.

Do I pay my deductible to the Body Shop?

You typically pay your car insurance deductible after your car is fixed. Depending on your insurer and the situation, your insurer may pay the repair shop directly, minus your deductible — if that's the case, you'll need to pay the repair shop your deductible.

How is deductible waived?

In some cases, the deductible may be waived because the service is already free or at a low cost under your plan. This is often the case with preventive services. For example, an annual wellness visit may only cost you $20, but that $20 might not count toward your deductible.

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 is the $1,000 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.