Will I Have to Pay My Deductible if I’m Not at Fault?

What is a Deductible?

A deductible is the amount of money you agree to pay out of pocket when you file an insurance claim. It’s an amount that you must pay on top of your insurance premiums and is usually required with collision coverage, comprehensive coverage, uninsured or underinsured coverage, and other types of coverage. After you pay the deductible, your insurance company will then help cover the remaining cost for damages (up to your policy limit). Depending on your policy, you may have a choice between a low and high deductible. A low deductible typically means a higher insurance rate, while a high deductible means a lower insurance rate.

What Factors Determine Whether You Have to Pay Your Deductible if You Are Not at Fault?

1. Insurance policy

What determines whether an insurance policy applies to a non-fault situation? The cause and effect of a non-fault situation will determine whether an insurance policy will apply. For example, if someone were to hit your car in a parking lot, then your insurance would cover the damage, minus the deductible. On the other hand, if you were the one at fault for an accident, then the other person’s insurance would be the one to cover the damages. Additionally, if you have third-party BIL coverage, you may be able to be reimbursed for any medical costs, such as deductibles, co-pays, and other cost-sharing you had to cover, as well as your insurance company getting reimbursed for the coverage they provided.

2. Coverage type

What determines whether you have to pay your deductible for a coverage type? The type of coverage selected and the deductible amount chosen for that coverage will determine whether you will have to pay a deductible. Generally, Collision, Comprehensive, Uninsured Motorist Property Damage, and Personal Injury Protection coverages typically have a car insurance deductible, while Liability Coverage, Uninsured Motorist Bodily Injury, and Medical Payments typically do not have a deductible. The higher the deductible, the lower the insurance rate, while a low deductible means a higher insurance rate.

3. Agreement with the insurance company

An agreement with the insurance company can affect whether you have to pay your deductible or not. If you have a claim against the at-fault driver’s insurance policy, they will typically cover the damages and you won’t have to pay your deductible. However, if the insurance company attempts to deny coverage for certain items or allege that a treatment was not reasonable, then you may be held responsible for some portion of your costs. If you file a first-party claim with your own insurance company, you may be subject to paying your deductible, depending on the terms of your policy. Additionally, if you use your own medical insurance to cover the costs of medical treatment, the third-party liability policy of the at-fault driver may cover any deductibles, co-pays, and other cost-sharing that you had to cover.

4. Car repair costs

Car repair can be expensive, and it is important to understand how costs will affect your deductible. The cost of repair is an important factor when determining how much you will need to pay out of pocket. If you have a collision policy with full coverage, you will usually need to pay a deductible, which is a specific amount of money that you must pay before your insurance provider will pay any claims. If the cost of repair is lower than your deductible, then you will need to pay for the entire cost out of pocket. However, if the cost of repair is higher than your deductible, then you will need to pay the deductible amount and your insurance provider will cover the remaining costs. When it comes to auto insurance, there are no annual deductibles to meet, so you are responsible for your policy’s stated deductible every time you file a claim. Therefore, it is important to understand the cost of repair and how it will affect your deductible when filing a car insurance claim.

5. Type of accident

When determining who is liable for an accident, it is important to consider the type of accident and who is at fault. Depending on the type of accident, the liable party may have to pay a deductible. For example, if a negligent driver causes a car accident, the driver’s auto insurance company may be liable for damages sustained by the other party. The driver’s insurance company may require the driver to pay a deductible before they can provide compensation. On the other hand, if an animal bites someone, the pet owner may be liable and their homeowner’s insurance may cover the damages. In this instance, the pet owner may not have to pay a deductible as the homeowner’s insurance company may cover all costs. Similarly, if a person slips and falls on another person’s property, the property owner may be liable and the homeowner’s insurance may cover the damages. In this instance, the property owner may not have to pay a deductible, as the homeowner’s insurance may cover all costs. Ultimately, the type of accident, who is at fault, and their insurance company all affect whether or not a deductible must be paid.

6. Parties involved

The parties involved in determining whether or not you have to pay a deductible if you are not at fault are your own auto insurance company, the other driver’s insurance company, and any witnesses who may have seen the accident. Your auto insurance company will review the evidence and determine if you are at fault and if you are eligible for compensation. The other driver’s insurance company may also review the evidence and dispute the claim. Lastly, witnesses may provide valuable information regarding the accident, liability, and help substantiate your claims.

7. Type of insurance coverage for the car

When a car accident occurs, the cause of the accident will determine whether car insurance coverage is required or not. If the accident was caused by the other driver, then their insurance company will typically be responsible for covering the costs associated with the accident. If the accident was caused by the driver of the insured vehicle, then the insurance company of the insured vehicle will typically be responsible for covering the costs. In either case, the driver’s insurance will typically cover the costs associated with the accident, minus any applicable deductibles.

8. Vehicle damage deductible

The vehicle damage deductible affects your liability for not paying your deductible in that if the cost of the damage to your vehicle is lower than your deductible amount, then you will need to pay for the entire cost out of pocket. If the cost of the damage is more than your deductible, then you will need to pay the deductible amount before your insurance company will cover the remaining costs. If you cannot pay the deductible amount, then you will not be able to take your car to a repair shop, and the repair shop may place a “mechanic’s lien” on your vehicle, which means they can legally retain possession of your car until the debt is paid.

9. Auto insurance claim process

The auto insurance claim process is an important process to determine if you have to pay your deductible after a car accident. When a car accident occurs, you can either go through your own insurance company or the liable party’s insurance company. Going through your own insurance company is typically the faster option and will include an estimate of the damage to your car and payment for repairs or the value of your car if it is totaled. The insurance company will subtract the deductible from the payment. If the cost of the damage is lower than the deductible, you will have to pay for the repairs out of pocket. If you choose to go through the liable party’s insurance company, the process may take longer and require more paperwork, but you may be able to get a higher payment. It is important to keep your personal injury claim and property damage claim separate during this process. In either case, it is important to determine if you have to pay your deductible to understand how much money you will get back.

10. Lawsuits and settlements

The outcome of a lawsuit or settlement in an auto accident can have a significant impact on whether or not you are required to pay your deductible. If you are successful in suing the at-fault driver for damages, you can include the amount of your deductible in your settlement demand. This will give you the highest chance of recovering the full amount of your deductible from the liable party’s insurance company. However, if the insurance company rejects your claim or offers an inadequate settlement, you might be stuck with the bill for your deductible. If this happens, hiring an experienced car accident lawyer can help you get the compensation you deserve and recover your deductible.

How Much are Typical Car Insurance Deductibles?

Car insurance deductibles typically range from $100 to $2,000, with the most common deductible being $500. When selecting a deductible amount, it’s important to consider your driving history, the likelihood of filing a claim, and how much you’re willing to pay out of pocket. Comprehensive and collision coverages, as well as personal injury protection or uninsured/underinsured motorist property damage, can each have different deductible amounts, so it’s important to review your insurance policy or contact your insurance company to determine your deductibles. Ultimately, the deductible you choose will depend on your individual needs.