Why do I have to pay a deductible if the accident was not my fault?

Asked by: Nova Hyatt DDS  |  Last update: April 7, 2026
Score: 4.7/5 (28 votes)

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.

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.

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 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.

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.

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

26 related questions found

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.

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.

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.

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.

What happens if you don't pay your 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 report an accident that wasn't my fault to my insurance?

Yes. Regardless of fault, it is important to call your insurance company and report any accident that involves injuries or property damage. It is a common myth that you needn't contact your insurance company if you aren't at fault.

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+

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 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.

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 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.

Does your insurance go up if someone hits you?

Most insurance companies do not raise their rates if your car was struck in a hit-and-run accident, struck when legally parked, or struck in a rear-end collision. Once you've been involved in a car crash, the insurance company changes your risk profile and affects a rate change of 50% or more.

How does insurance work if it's not your 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.

What is accident forgiveness?

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.

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.

Do I have to pay deductible if I was not at fault progressive?

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.

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.

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.

Do I have to pay deductible if I was not at fault in USAA?

After an investigation finds you're not at fault, we'll recover the deductible from the other insurance company for you. If both drivers are found to be at fault, you may have to pay a portion of your deductible.

How to get over a car accident that was your fault?

How to Get Over a Car Accident That Was Your Fault
  1. Acknowledge Your Emotions: It's normal to feel guilty, embarrassed, or even angry after an accident where you were at fault. ...
  2. Talk to Someone: Sharing your feelings with friends, family, or even a therapist can help alleviate the emotional burden.