Why am I being forced to pay my deductible when it was the other person's fault?

Asked by: Prof. Kristoffer Moen MD  |  Last update: March 10, 2025
Score: 4.1/5 (16 votes)

Most insurance policies will pay to repair your vehicle no matter who was at fault for the wreck. However, you will have to pay the deductible and your insurance premiums may go up as a result. The driver who caused the accident is technically responsible for paying your deductible.

Why do I have to pay deductible when 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 I have to pay a deductible if someone else is at fault?

Suppose you have collision coverage and are involved in an accident with an uninsured driver in California who is at fault. In that case, the collision damage waiver will likely apply and cover your deductible.

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.

Why do I have to pay deductible when not at fault on Reddit?

If they are talking about a deductible, then you are dealing with your own policy. Your collision coverage always has a deductible, regardless of fault. If someone else is at fault, they work to get your deductible back for you.

Car Insurance Deductible- Why Do I Have To Pay My Deductible If The Accident Wasn't My Fault?

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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.

Is it illegal to not pay your deductible?

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.

How to avoid paying 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.

Can I sue the at fault driver for my deductible?

It may take several weeks or even months for the insurance companies to settle the claim and for your deductible to be reimbursed. You may be able to sue the at-fault driver for your deductible if their insurance company refuses to pay.

How to get deductible waived Progressive?

If you go a set amount of time without a claim or violation your deductible amount will decrease or be waived.

Can I get my 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.

What are subrogation rights?

“Subrogation” refers to the act of one person or party standing in the place of another person or party. It is a legal right held by most insurance carriers to pursue a third party that caused an insurance loss in order to recover the amount the insurance carrier paid the insured to cover the loss.

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 happens if you can't pay your deductible?

Auto insurance companies typically require policyholders to pay the deductible before processing the claim and covering any expenses. Failure to pay the deductible can lead to a denied claim, leaving you responsible for covering the entire cost of repairs, medical expenses, or other damages resulting from the incident.

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.

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

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.

Why do I have to pay my deductible if someone hits me?

You must pay your deductible every time you seek compensation from your car insurance company, regardless of how the accident happened. However, if you decide to sue the liable party for damages, your car accident lawyer could include the deductible as part of the settlement you seek from their insurance company.

What happens if someone sues your homeowners insurance?

Most policies contain personal liability coverage that applies if you are sued for injuries to someone else or for damage to another person's property—no matter where the conduct occurs. It's important to understand the extent and limits of your homeowners policy.

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.

Can you get a deductible 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.

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.

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.

How do you get out of paying your 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.

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).

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.