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Do I Pay a Deductible If Someone Hits Me

If the other driver is found at fault, you usually don't pay a deductible at all.

It depends on who is found at fault, not who hit whom

If the other driver caused the accident, you don't have to pay your deductible. Their liability coverage pays for your damage, and your own policy doesn't come into play unless you choose to use it.

Some drivers still use their own collision coverage first, especially if their car needs repairs quickly, and pay the deductible up front. If the other driver is later found at fault, your insurer can seek that deductible back from the other driver's insurer and refund it to you. This is often faster than waiting for the other driver's insurer to settle directly with you.

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Whether fault is clear changes everything

When the other driver is clearly at fault, their liability insurance is supposed to cover your repairs, medical costs, and other losses. You file a claim with their insurer, not your own, and no deductible applies because you're not using your own collision coverage.

Fault isn't always obvious right away. Police reports, witness statements, and the insurers' own investigations all factor into who is assigned responsibility. Until that's settled, your insurer may ask you to go through your own collision coverage if you want your car fixed without waiting.

If fault ends up split between both drivers, which some states allow, you may end up responsible for a portion of your own damage. How that works depends on your state's rules on shared fault, so it's worth asking your insurer how your state handles it.

If you used your own policy and later get reimbursed, ask your insurer exactly how that refund happens and how long it typically takes.

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What your policy and state require still matters

Some states require you to carry collision coverage or use certain coverages first regardless of fault, particularly in no-fault states where your own insurer pays your medical bills no matter who caused the crash. That's a different coverage than collision, and it doesn't usually involve your collision deductible.

Your own policy's terms also matter. If you have rental reimbursement or other coverages, read how your insurer wants you to file the claim so you don't lose out on those benefits by going straight to the other driver's insurer.

If the other driver has no insurance or not enough of it, your own uninsured or underinsured motorist coverage may apply instead, and that can carry its own deductible depending on your policy. Ask your insurer directly how a deductible would apply in that situation, since it varies by policy and by state.

Questions people ask about this

How long does it take to get my deductible back after an accident that wasn't my fault?

It depends on how quickly fault is determined and how responsive the other driver's insurer is. Ask your own insurer what their typical process looks like and whether they handle the follow-up with the other insurer for you.

What if the other driver's insurance denies the claim?

You can still use your own collision coverage and pay your deductible to get your car repaired while the dispute continues. Ask your insurer whether they pursue reimbursement from the other driver's insurer on your behalf in that case.

Does my insurance rate go up if the accident wasn't my fault?

This depends on your insurer and your state, since some insurers consider any claim regardless of fault while others don't count not-at-fault accidents against you. Ask your insurer directly how they handle not-at-fault claims before you decide how to file.

Should I use my own insurance or wait for the other driver's insurer to pay?

Using your own insurance is usually faster, but it means paying your deductible up front until you're reimbursed. Ask your insurer how their reimbursement process works so you can weigh the wait against the upfront cost.

What happens if fault is split between both drivers?

How this is handled depends on your state's rules on shared fault, since some states reduce your payout by your percentage of fault and others bar you from recovering if you're found partly responsible. Check with your insurer or your state's insurance department for how your state applies this.

If you're thinking about what you'd pay out of pocket after a crash, it helps to know what your current policy actually covers.

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Pull out your policy or your insurer's app and look up your collision deductible and your uninsured motorist coverage before anything happens, so you're not reading the fine print for the first time after a crash. If you're ever in an accident, get the other driver's insurance information and a police report if possible, since both help establish fault quickly. Call your own insurer to ask how they handle not-at-fault claims, including whether filing one affects your rate and how they handle getting your deductible back. If you're shopping for a new policy now, ask any insurer you're considering the same questions so you know what to expect before you need it.

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