Do I Have to Pay My Deductible If Someone Hits Me?

Understanding Car Insurance Deductibles

Insurance policies shield you from paying for medical costs, lost wages, and other expenses in case of an accident. Several, if not most, car insurance companies require deductible payments. This amount is settled before the car insurance coverage starts.

What Is a Car Insurance Deductible?

Car insurance deductibles pertain to the cost you pay out of your pocket when you file an insurance claim. This is under a policy’s collision, comprehensive, personal injury protection, or underinsured/uninsured motorist property damage coverage.

You can choose the amount of car insurance deductible when purchasing insurance. It can also vary depending on the insurance company.

How Does a Car Insurance Deductible Work?

You must settle your deductible first, then the car insurance company will cover the remaining costs. For example, if your deductible amount is $1000 and the repair cost is $5,000, you’ll pay $1000, and your insurer will pay the remaining cost.

The most common deductible amount is $500. However, this can vary from $100 to $1000 or even higher, depending on your own insurance company and your location.

Are All Car Insurance Claims Subject to Deductibles?

Not all claims have deductibles. Comprehensive coverage and collision coverage usually include deductibles. However, these types of coverages are optional. You can drive in any state without them.

On the other hand, you need to have liability coverage to drive in most states. This doesn’t have a deductible.

Who Pays the Deductible in a Car Accident?

If You’re Not at Fault in the Crash

You don’t need to pay a deductible if you’re not at fault in the crash. The at-fault driver’s insurance company must cover your car up to its policy limit and you pay no deductible.

If You’re at Fault in the Crash

You must pay your deductible if you’re at fault in a car crash and have full coverage. Your insurance policy will cover fixing both cars up to policy limits.

If you only have minimum coverage such as liability insurance, your policy will fix the other driver’s car up to limits, but not yours.

Dealing with the At-Fault Driver’s Insurance Company

What If the At-Fault Driver’s Insurance Company Requires Me to Pay My Deductible?

You may initially need to pay out of pocket for your deductible, but you can recover it from the at-fault party’s insurance company. You can file an insurance claim with the at-fault driver’s insurance company directly if you can prove their fault.

Can I Recover My Deductible From the At-Fault Driver’s Insurance?

Yes, your insurance carrier can seek reimbursement for the deductible and other damages through the subrogation process.

How Does Deductible Recovery Work?

Subrogation helps you and your insurance carrier to avoid paying for a motor vehicle accident that wasn’t your fault. The normal process is as follows:

FAQ Filing a Claim With Your Insurance Company

What If My Insurance Company Requires Me to Pay My Car Insurance Deductible?

The rule of thumb is you don’t pay for another person’s deductible. If you file a claim on your own policy, you must pay your deductible. You can still get your money back if you’re not at fault through a process called subrogation.

Can My Insurance Company Increase My Premiums If I File a Claim?

Yes, insurance premiums may increase. This is because your insurer projects costs based on risk. Drivers who file claims are considered to be a risk.

What If the At-Fault Party Is Uninsured or Underinsured?

If the at-fault driver is uninsured or underinsured, your insurance will pay for the cost of damages if you have uninsured or underinsured motorist coverage. Review your policy details to see if you have this coverage.

What If I Don’t Have Insurance at the Time of the Car Accident?

If you don’t have insurance during the accident and you’re at fault, you may be responsible for all the damages, including your own. Otherwise, the at-fault driver is responsible for your damages.

When Must I Consult an Experienced Car Accident Attorney Regarding My Car Accident Claim?

You may not need legal help if the vehicle damage is relatively minor and easy to establish. However, if you sustained injuries from the accident, you should seek fair compensation. A trusted car accident lawyer may be able to handle the insurance company.

How Can a Personal Injury Attorney Help Me With My Car Accident Claim?

A personal injury attorney can help you negotiate for the damage to your vehicle, including a diminished value claim if applicable. They can also help you recover your deductible from the at-fault driver’s insurance company.

Do I Have to Pay My Car Insurance Deductible if Someone Hits My Car?

No, you don’t need to pay your deductible if the other driver is at fault. The at-fault driver’s liability insurance will pay for your medical bills and car repairs.

Can I File a Claim With the At-Fault Driver’s Insurance Company?

Yes, you can file a claim directly with the at-fault driver’s insurance company if you can prove their fault. This is known as a third-party claim. This approach requires more direct negotiation and communication with the other driver’s insurance company.

What If I’m Still Unsure About Paying My Deductible?

Schedule a consultation with your insurance company to better understand your coverage. You may also want to consult an experienced car accident attorney to help you navigate the process.

How Can I Get More Information About My Car Insurance Policy?

Review your policy documents or contact your insurance company to understand your coverage. An experienced car accident attorney can also walk you through the claims process.

Getting Help from a Car Accident Lawyer.

Dealing with insurance companies can take time and effort. Navigating car accident laws can be a challenge, especially if you’re just recovering from a serious injury. At The Clark Law Office, we may be able to answer your inquires about your rights against the at-fault driver and their insurance company. Contact our auto accident attorneys today for a free consultation!