Do you have to pay the deductible if you’re not at fault?

Do you have to pay a deductible if you’re not at fault?

Yes, you must pay your deductible when you file a collision claim with your own insurance company, even when another driver caused the crash. Your deductible is part of your policy agreement and applies to the covered loss rather than to fault. The insurer subtracts it from the amount paid for your vehicle damage. However, if the other driver’s insurance pays and no claim is filed with your carrierAn insurance carrier is the company that provides your car insurance policy and pays claims., you will not pay a deductible.

“If someone else is at fault, their insurance — usually called liability insurance — should pay for your damages, and you typically don’t have to pay a deductible,” says Yiling Deng, associate professor of insurance and risk management at the University of Central Arkansas.

In this case, the at-fault party’s insurance pays for all the damage caused by its insured driver.

“However, in some cases, you might use your own insurance first to cover the loss. Later, your insurance company can go after the at-fault party to recover the costs and may reimburse your deductible once they get the money back,” Deng says.

The process by which an insurance company seeks reimbursement from another insurer is called subrogation.

For example, if you’re involved in an accident in which you believe the other driver is at fault, you might not want to wait for fault to be determined and for the other driver’s insurance to pay to get your car repaired. You could call to file a claim with your insurance company, which would pay for the repairs minus your deductible; you’d pay that yourself. Once the other driver is determined to be at fault, your insurance company will subrogate to get the repair cost and deductible amount back.

Sometimes this doesn’t pan out the way you’d hope. The other party might contest the at-fault ruling, which throws a wrench in the works. Other times, your insurance company might only recoup a portion of the money it paid out. So be prepared.

How does the deductible work in auto insurance?

A deductible is the amount you have to pay yourself before your insurance pays. After an accident, you pay this amount first, and then your insurance covers the rest of the repair costs. In a total loss claim, your deductible will be subtracted from the settlement. You pick your deductible when you buy your policy—choosing a higher deductible usually lowers your monthly payment, while a lower deductible means you’ll pay more each month.

Here’s an example:

You get into an accident with another vehicle. Your car has a dented front end that needs $1,250 of repairs. You file a claim with your insurance to get it repaired. Let’s say you have a $500 deductible. You would have to pay $500, and your insurance company would cover the remaining $750.

If you’re at fault, your liability insurance will pay for damage to the other car and any injuries to the driver or their passengers. There is no deductible for this portion of your coverage.

Do you get your deductible back if you're not at fault?

You may get your deductible back if your insurer successfully recovers its payment from the at-fault driver or insurer. This process is called subrogation. Your reimbursement might equal the full deductible, a percentage of it or nothing, depending on the amount recovered and whether you share responsibility for the accident.

“Insurance is based on the principles of indemnity and subrogation,” Deng says. “Principles of indemnity mean insurance is designed to help you return to the same financial position you were in before the loss, not to make a profit or cause moral hazard. Subrogation means your insurance company can go after the person who caused the damage to recover the money they paid on your behalf.”

The insurance company does its best to return itself and you to your original financial position, but sometimes, due to the other party fighting back, the inability to prove fault or other confounding factors, like the other party not having insurance, it just doesn’t work out.

People ask

Why do I have to pay a deductible when I’m not at fault?

If you file a claim with your insurance company for comprehensive or collision coverage, you pay the deductible as your portion of the claim, regardless of fault. It’s similar to a copay at the doctor’s office.

Who pays the deductible in a car accident?

You pay the deductible when you file a collision or comprehensive coverage claim with your insurer. You pay only your own deductible, and only for claims filed with your own policy.

The at-fault driver will not pay your deductible, but their insurer might repay it as part of a successful subrogation recovery or property damage settlement.

Liability insurance doesn’t carry a deductible, so there is no out-of-pocket cost when your liability pays for damage to someone else, or when another driver’s liability insurance pays.

How to get your deductible reimbursed after an accident

To get your deductible reimbursed, document the crash, report it promptly and cooperate with your insurer’s subrogation team. Your insurer will handle most of the recovery work, but missing evidence, disputed fault or an incomplete police report can delay the process or reduce the amount recovered.

“Subrogation means your insurance company can go after the person who caused the damage to recover the money they paid on your behalf. You may get your deductible back under subrogation,” Deng says.

This only applies in a situation where there is another party responsible for the financial loss.

“For example, in an auto accident, you might use your own insurance first to cover the loss with the agreement of the insurer. Later, your insurance company can go after the at-fault party to recover the costs and may reimburse your deductible once they get the money back,” Deng says.

Follow these steps:

Document the accident: Take photos and videos of the vehicles, road, traffic signals, skid marks and the surrounding area.
Exchange information: Collect the other driver’s name, contact details, license number, plate number and insurance information.
File a police report: Request a report when state law requires one or when there are injuries, major damage, disputed fault or a hit-and-run.
Report the claim promptly: Give your insurer the evidence and explain why you believe the other driver caused the crash.
Ask about subrogation: Confirm that the insurer plans to seek recovery and ask how deductible reimbursement works in your state.
Respond to requests: Provide statements, repair bills, medical records or other documents by the insurer’s deadlines.
Track the claim: Ask for updates if you do not hear from the insurer after the vehicle claim is settled.
Avoid signing away recovery rights: Speak with your insurer before accepting money or signing a release from the other driver or insurer.

You don’t have to do much – your insurance company does the heavy lifting during this process. Just be sure to cooperate with all deadlines and provide any information they ask for in a timely manner. You want to keep everything running as smoothly and efficiently as possible.

State deductible car accident laws

State laws affect how an insurer distributes money recovered through subrogation. For example, states like California, New York and Illinois generally require insurers to return a proportional share of the deductible when they recover only part of a loss. Other states, such as Texas and Florida, do not have a specific reimbursement rule, leaving the result to policy language, court decisions and claims practices.

Take a look at the table below to see the laws in your state.

State	Is there a statute that says a deductible must be paid?
Alabama	None
Alaska	Pro-Rata
Arizona	Pro-Rata
Arkansas	Pro-Rata
California	Pro-Rata
Colorado	None
Connecticut	Pro-Rata
Delaware	None
District of Columbia	None
Florida	None
Georgia	None
Hawaii	None
Idaho	None
Illinois	Pro-Rata
Indiana	None
Iowa	Pro-Rata
Kansas	None
Kentucky	Pro-Rata
Louisiana	None
Maine	None
Maryland	None
Massachusetts	None
Michigan	None
Minnesota	Pro-Rata
Mississippi	None
Missouri	Pro-Rata
Montana	None
Nebraska	Pro-Rata
Nevada	Pro-Rata
New Hampshire	None
New Jersey	Pro-Rata
New Mexico	None
New York	Pro-Rata
North Carolina	None
North Dakota	None
Ohio	Pro-Rata
Oklahoma	Pro-Rata
Oregon	Pro-Rata
Pennsylvania	Pro-Rata
Rhode Island	Pro-Rata
South Carolina	None
South Dakota	None
Tennessee	None
Texas	None
Utah	Pro-Rata
Vermont	None
Virginia	Pro-Rata
Washington	Pro-Rata
West Virginia	Pro-Rata
Wisconsin	None
Wyoming	Full deductible

Pro-rata is based on the percentage recovered through subrogation.

Sources:

MWL Law. “Deductible Reimbursement Laws In All 50 States.” Accessed August 2026.

FAQ: Paying a deductible when not at fault

Do you have to pay a deductible for a hit-and-run?

Yes. If your vehicle is damaged in a hit-and-run and you file a collision claim, you must pay your collision deductible. In some states, uninsured motorist property damage coverage may apply instead, and the deductible rules vary by state and policy. If the at-fault driver is identified later, your insurer can pursue reimbursement through subrogation and recover some or all of your deductible.