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Q

If I am in an accident and it is not my fault, who pays the deductible on my insurance?


A

Each state and coverage is unique in regards to this question. This answer relates to physical damage coverage (coverage for your car).

If you are not at fault, you can file your claim with the at-fault party's insurance company and you won't pay your deductible. If you file with your insurance company, you must pay the deductible and your insurance company will work to recover damages (including the deductible) from the at-fault party's insurance company. This is called subrogation.

Most policies have a subrogation clause that enables your insurance company to obtain reimbursement from the at-fault party's insurance company for the cost of repairing your vehicle. This is the amount your insurance company actually paid out plus your deductible amount.

If your state has a Comparative Negligence Law then the fault for an accident is not always placed squarely on one participant. After determining the percentage of fault by each party, the compensation by the insurance company is adjusted accordingly. Allocation of fault is made by negotiation between the insurance company and the claimant. There are state-by-state variations in how comparative negligence works.

If the other company accepts 100% liability, then reimbursement is for the entire deductible amount. If the other driver involved in the accident is partially liable for the accident, their carrier will pay a percentage of the collision payment, and they may not reimburse or pay your deductible amount.


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12 Responses to "If I am in an accident and it is not my fault, who pays the deductible on my insurance?"
  1. Lucy

    I was involved in an accident and was not cited. A 15 yr. old on a bicycle slammed into the side of my car (she ignored a stop sign). She was badly injured. My insurance company is going to pay her $100,000. I have to sign off on it. I don't know if she can continue to go after me with another lawyer after the claim is settled. I was told that by signing this form, she would not be able to sue me. It is bad enough that my ins. is giving her the money for something that was not my fault.

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  2. Visitor

    How long does the other party have to claim?

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  3. Visitor

    The insurance contract states that you assume the first $XXX of the loss (which is the deductible.) doesn't matter if you are at fault or not, you still have to pay the deductible if you are using your own collision coverage. If your carrier recovers from the at-fault party, you will be reimbursed the deductible.

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  4. Anonymous

    It answered my question.

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  5. Anonymous

    the answers were clear and consice, love the fact that i really do not undertand things about cars, but this was clear for me! thanks

      Reply»  
  6. Anonymous

    need to have more questions and more ansrwers covering more comlicated situations.

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  7. Anonymous

    i have accident but its not my faulth but the problem who bump my car dont have insurance.

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  8. Anonymous

    I was just in a wreck which wasn't my fault, and I needed to know. This information was real valuable to me... thx

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  9. Anonymous

    Good answer--shows that all cases are not clear-cut and liability can be divided in some.

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  10. Anonymous

    the answer was straight forward & gave me the answer i needed. my son was rear ended while driving my car today.i wasnt sure what to do. thank you.

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  11. Anonymous

    Because I was in an accident that is not my fault, but I was hurt in this accident. I am going to doctors for therapy. I even need to wear glasses because of my blurred vision.

      Reply»  
  12. Anonymous

    clear and easy to understand!

      Reply»