Is it illegal to not pay your deductible?

Asked by: Prof. Ethelyn Pollich  |  Last update: August 30, 2025
Score: 4.3/5 (6 votes)

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.

What happens if you don't pay the deductible?

If you can't pay your auto or home insurance deductible, you won't be able to file a claim and get your repairs covered.

Is waiving a deductible legal?

It is unlawful for a service provider to engage in a regular practice of waiving, rebating, giving, paying, or offering to waive, rebate, give or pay all or part of a claimant's deductible or claim for casualty, disability insurance, worker's compensation insurance, health insurance or property insurance. (IC 41-348).

Can my insurance deductible be waived?

In most situations, for coverages with a deductible, a deductible will apply - but there are some circumstances in which the deductible may be waived. For example, if you have comprehensive coverage and make a claim to repair windshield glass damage, then your deductible may be waived.

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.

Are You Breaking the Law Not Paying your Deductible? | Blue Nail Enterprises

42 related questions found

Is deductible mandatory?

Depending on your policy, and the types of coverages you have, a deductible may be required. With an auto insurance policy, coverages like comprehensive and collision may require a deductible before said coverages apply in the event of a covered incident.

Will 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.

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.

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.

Will insurance pay if deductible is not met?

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.

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.

How to get out of paying a deductible?

You can avoid paying your car insurance deductible for vehicle repairs by not filing a claim at all or by getting the mechanic to waive the deductible, which is possible but highly unlikely. In some cases, your insurer may also waive your comprehensive deductible for glass damage specifically.

How to get a roof replaced without paying the deductible?

No matter what a roofer tells you you must pay your deductible. There is no way around it and insurance will consider it insurance fraud if they do. Many homeowners try to find a way around this but there is no way around it. You can also verify this directly with your insurance provider or an attorney.

Is a $0 deductible good for car insurance?

Your car insurance company pays for the full cost of your medical bills and auto repairs if you have a zero-deductible plan. While you will pay a high premium for this type of coverage, you avoid the possibility of an unexpected cost if you do have an accident.

Is it legal to self pay when you have insurance?

Now that you know that it is legal to self-pay when you have insurance, here are a few situations where it may make sense to directly pay for the medical procedure or service without filing a claim with your provider.

Do I have to pay my deductible right away?

You'll owe your deductible before your coverage kicks in. Your deductible may be waived for fixing minor glass damage like chips or cracks in a windshield. Your Comprehensive and Collision Coverages can have different deductible amounts.

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.

What if I can't pay my deductible car insurance?

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.

Does your deductible get refunded?

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.

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

While you have to pay your deductible even if you were not at fault, you can ask the liable party's insurance company to reimburse you for this expense. Bader Scott Injury Lawyers wants to help you pursue fair compensation for your injuries due to another person's negligence.

Will raising my deductible lower my car insurance?

When you're choosing a deductible, keep in mind that you may be more or less comfortable with higher out-of-pocket costs vs monthly costs. A high deductible will lower your overall insurance rate, however it will increase your out-of-pocket costs if you file a claim.

Can the color of your car affect your insurance premium?

The color of your car doesn't affect your insurance rate. Instead, your insurance company uses other information, like your car's age, location, usage, and your driving record, to help determine insurance rates. Learn more about the factors that impact auto insurance pricing.

Does State Farm have accident forgiveness?

State Farm is unique among major American auto insurers because it does not offer accident forgiveness.

Will Geico drop me after 3 accidents?

Insurers, like State Farm or GEICO, do not have a fixed number of claims that automatically lead to policy cancellation. This is more likely to happen if you have three or more claims, a record of DUI, at-fault car accidents with high bodily injury and property damage costs and other traffic violations.

What does subrogation mean?

When you file a claim, your insurer can try to recover costs from the person responsible for your injury or property damage. This is known as subrogation. For example: Your insurance company pays your doctor for your treatment following an auto accident that someone else caused.