Do I Have to Pay a Deductible for the Other Persons Car
If the other driver caused the accident, their liability coverage pays for your car, and you don't touch your deductible at all.
How fault decides whose deductible applies
- Their fault, their insurer pays If the other driver is found at fault, their liability coverage pays for your repairs. You don't pay a deductible because you're not using your own policy at all.
- Deductibles apply to your claim A deductible is the part you pay when you use your own collision coverage. If you're not filing under your own policy, it never comes into play.
- Fault can take time to confirm Sometimes fault takes time to determine, especially with disputes or no witnesses. Check how your state handles shared fault, since that can change who pays what.
- You can file your claim first If you want your car fixed quickly, you can file under your own collision coverage and pay your deductible, then let your insurer recover costs from the other driver's insurer.
- You may get refunded later If you pay your deductible upfront and fault is confirmed, your insurer typically refunds it once they recover costs from the other driver's insurer. Ask how long that usually takes.
A rear-end collision at a stoplight
You're stopped at a red light and the car behind you doesn't brake in time. The damage to your bumper is significant enough that you need a body shop, and you're not sure who should pay for it since it clearly wasn't your fault.
You contact the other driver's insurance company to file a liability claim, since their policy is meant to cover damage they caused. Their insurer investigates, confirms their driver was at fault, and approves your repair cost without you paying a deductible. Because you waited for their claim instead of using your own collision coverage, the entire repair came out of their policy, and your own rates and deductible were never involved.
The deductible question isn't about whose car got hit, it's about whose policy you use to pay for it.
Once you know how fault determines who pays, compare quotes that reward a clean driving record with lower costs.
Why deductibles depend on whose policy pays
A deductible exists to split the cost between you and your insurer when you're filing a claim under your own policy. It has nothing to do with whose car was damaged and everything to do with whose coverage is being used to pay for it.
When another driver is at fault, their liability coverage is meant to pay for the damage they caused, including damage to your car. Since you're not using your own collision coverage in that scenario, there's no deductible for you to pay. The at-fault driver's insurer handles the claim the same way yours would handle a claim where you caused damage to someone else.
The complication comes in when fault isn't immediately clear. Some accidents involve disputed stories, no clear evidence, or partial fault split between both drivers. In those cases, you might choose to file under your own policy first just to get your car repaired without delay, paying your deductible upfront. If the other driver is later found fully at fault, your insurer usually reimburses that deductible once they recover the cost from the other insurer.
How these situations are handled can vary by state, especially states with different fault rules for splitting responsibility between drivers. Check how your state handles partial fault, since that can affect whether you get a full refund or only part of it back.
What happens if the other driver has no insurance?
You'd typically rely on your own uninsured motorist coverage if you have it, which may still involve a deductible depending on your policy. Check whether your policy includes uninsured motorist property damage coverage and what deductible applies to it, since this varies by state and by insurer.
Will my rates go up if the accident wasn't my fault?
Generally no, since insurers usually only raise rates for accidents where you were at fault. Check your policy's accident forgiveness terms or ask your insurer directly, since some track all accidents regardless of fault even if they don't raise your rate for not-at-fault claims.
How long does it take to get my deductible back?
It depends on how quickly your insurer resolves the claim with the other driver's insurance company. Ask your insurer for a typical timeline for subrogation claims, since this can range from a few weeks to several months depending on how clear fault is and how cooperative the other insurer is.
