Car Insurance Quotes Get quotes for car insurance. Enter your ZIP code or call 1-800-964-4849:
CarInsurance.com
CarInsurance.com Navigation

Get Free Quotes Now

Zip Code:
Save With CarInsurance.com!
Car Insurance Learning Center  Learning Center  Auto Insurance Questions & Answers   Questions & Answers  Professional Answers   Professional Answer

Car Insurance Question  If i am in an accident and it is not my fault, who pays the deductable on my insurance?

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 your deductible amount.

You will be reimbursed the percentage of your deductible that was able to be recovered.

Related Questions
Car Insurance RelatedDo I pay a deductible if my car is considered a "total loss" and I was not at fault?
Car Insurance RelatedI was recently 'at-fault' in an accident. I paid to fix my vehicle. The other person decided they would now contact my insurance company to have them pay for the damages. Would I still have to pay a d...
Car Insurance RelatedMy car was stolen. How does my deductible affect the amount of money I can recoup?
Car Insurance RelatedI have a 1998 Mercedes C230. How much in dollars should I carry as a deductible?
Car Insurance RelatedI was recently rear-ended. Since it was not my fault, do I still have to pay the deductible, or will the other persons insurance cover my deductible? I don't think it makes sense that I would have to...
Car Insurance RelatedI backed out of a garage where my truck was being worked on and hit a guy's car and did damage to his car but not mine. Do I pay a deductible on his damage?
Car Insurance RelatedOne door of my car got keyed today by an unknown person. Is this considered vandalism or will I have to pay a co-pay or deductible?
Car Insurance RelatedWhat are "comprehensive" and "collision" coverage "deductibles"?
Car Insurance RelatedI have a situation where my wife and I are insured on one policy and have comp. and BI full coverage with $500 deduct. While pulling out of garage at night she hit our 2nd car parked out side, It was...
Car Insurance RelatedDoes UMPD apply in PA? If so, is there a lower deductible versus your collision deductible that would be applied for a hit/run accident?
Car Insurance RelatedI am the victim of a hit & run accident, however I live in Michigan, a no-fault state, but I do have full coverage including Personal Injury coverage. During the accident, my passenger was injured and...
Car Insurance RelatedDoes North Carolina fall under the "no deductible" for windshield replacement? If so, do you have the statute?
Tell us what you think about this answer.
What did you think of this question and answer?

poor 
1
2
3
4
5
6
7
8
9
10

 excellent
Tell us why you rated this car insurance question and answer this way:
Visitor Comments
car insurance commentsclear and easy to understand!
car insurance commentsBecause 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.
car insurance commentsthe 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.
car insurance commentsGood answer--shows that all cases are not clear-cut and liability can be divided in some.
car insurance commentsI was just in a wreck which wasn't my fault, and I needed to know. This information was real valuable to me... thx
Question Details
This car insurance question was asked on 4/18/2005
This auto insurance answer was last updated on 7/24/2007
Rated 9 out of 10 based on 7 votes.
Claims
Print Car Insurance Answers Print this car insurance question and answer
Email Car Insurance Answers Email this auto insurance answer
Disclaimer: Answers and comments provided are for information purposes. They are not intended to substitute informed professional advice. These responses should not be interpreted as a recommendation to buy or sell any insurance product, or to provide financial or legal advice. Please refer to your insurance policy for specific coverage and exclusion information. Please read our Terms Of Use.
©2008 CarInsurance.com, Inc. - Online Insurance Marketplace™
safe and secure auto insurance   better business bureau car insurance   Tested, Safe, and Secure Car Insurance