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

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

Usually, yes. But it depends on what was damaged. Was it your car? Your property? Were you injured? Only collision claims have a deductible. Once in a while, your insurance company might be able to use the subrogation process even in a hit-and-run scenario.

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

“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?

When you get into an accident or have other damage to your car, or even medical bills because of an accident, you file a claim with your insurance company. Once a settlement amount is determined, the insurance company will pay that amount minus your chosen deductible. 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 might. If the insurance company completes an investigation and finds the other party at fault, you could get your deductible back.

“Insurance is based on the principles of indemnityThe principle upon which all auto insurance contracts are based. According to this principle, the objective of insurance is to restore the insured to the same financial position after a loss that they were in prior to the loss. 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 coverageCollision coverage helps pay for repairs or replacement of your car if it's damaged in an accident, regardless of who is at fault and is subject to a deductible., 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?

Whoever files the claim with their insurance generally pays the deductible. You can, however, be reimbursed later by right of subrogation when your insurance company goes after the at-fault party. They recoup the money they paid out, including the amount of your deductible, and you get that money back.

How to get your deductible reimbursed after an accident

You may be able to get your deductible back through subrogation.

“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.

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

There are state laws that determine how much of your deductible your insurer must reimburse you after the subrogation process has been completed. 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 July 2025.

FAQ: Paying a deductible when not at fault

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

Usually, yes. But it depends on what was damaged. Was it your car? Your property? Were you injured? Only collision claims have a deductible. Once in a while, your insurance company might be able to use the subrogation process even in a hit-and-run scenario.