Car accidents are never fun, and dealing with the aftermath can be even more stressful, especially when the accident wasn’t your fault.
One of the biggest questions that often comes up in these situations is whether you have to pay a deductible.
The short answer is no. You shouldn’t have to pay a deductible if someone else caused the accident, but there are some scenarios where you might end up covering the cost upfront.
In this post, we’ll explain if and when you have to pay a deductible if not at fault in California.
Do I Pay A Deductible If Not At Fault In California?
No, you shouldn’t have to pay a deductible if you’re not at fault in California.
If the other driver is clearly at fault, their insurance should cover the costs of repairs to your vehicle, and you shouldn’t need to dip into your own pocket or get your insurance involved.
That’s the ideal situation.
But let’s say you don’t want to wait for their insurance to process the claim. You might choose to go through your own insurance instead.
In that case, you’d have to pay your deductible upfront, but your insurance company would try to get it back for you later through a process called subrogation (basically, they get reimbursed by the other driver’s insurance and then pay you back).
Also Read: Who Pays Medical Bills In A Car Accident In California?
So, while you may have to pay a deductible at first, it could come back to you later.
When You Might Have To Pay A Deductible
Unfortunately, not every case is cut and dry. There are a few situations where you will have to pay your deductible upfront, and in some cases, you may never get it back:
#1 If The At-Fault Driver Is Uninsured Or Underinsured
Things can get messy if the person who hit you doesn’t have insurance (or doesn’t have enough coverage).
If you have uninsured/underinsured motorist (UM/UIM) coverage or Collision coverage, your own insurance will step in and cover your damages, but you’ll still need to pay your deductible first.
Your insurance might try to go after the at-fault driver to recover the costs, but if they don’t have money, you may never get reimbursed.
If you don’t have any of these coverages, things get trickier.
You could try suing the at-fault driver, but realistically, if they don’t have insurance, they probably don’t have the money to cover your costs either.
That means you might have to pay out of pocket or look into other options.
Also Read: If Airbags Deploy, Is Car Totaled In California?
#2 If Fault Is Disputed Or Not Immediately Determined
Insurance companies love to stall. If the accident report doesn’t clearly state who was at fault, or if the other driver claims it wasn’t their fault, their insurance might deny the claim or delay the process while they “investigate.”
Meanwhile, your car is sitting in the shop, and you’re stuck waiting.
To speed things up, you can go through your own insurance.
They’ll cover the repairs, but you’ll have to pay your deductible upfront. Then, they’ll fight it out with the other driver’s insurance behind the scenes.
If your insurance wins, they’ll get reimbursed and pay you back your deductible. If they don’t, well… that money is gone.
#3 If You Choose To Use Your Own Insurance
Even if the other driver’s insurance is responsible, you can choose to file with your own insurance instead. Some people do this just to get things moving faster.
If you go this route, you’ll have to pay your deductible upfront, but your insurance company will try to recover it later through subrogation.
This can be a good option if you don’t want to deal with the at-fault driver’s insurance.
Just keep in mind there’s always a chance your deductible won’t be refunded if the other driver’s insurance refuses to pay.
How To Get Your Deductible Reimbursed
If you do end up paying a deductible, don’t worry – you’re not necessarily out of luck.
First, if the at-fault driver is identified and their insurance is covering the damages, your insurance company will try to recover your deductible. This process can take some time, though.
The insurance company will reach out to the at-fault driver’s insurer to get them to pay for the repairs and the deductible. If that happens, your insurance company will send you a check for the amount you paid.
Another option is if you’re using your own insurance and the at-fault driver is uninsured or underinsured. In that case, your insurance company may pursue them to get the money back.
But you’ll likely need to wait a bit while they go through that process.
Some insurance policies also have “deductible reimbursement” coverage. This is something you can add to your policy for an extra fee, but it can be worth it.
If the at-fault driver refuses to pay or their insurance denies the claim, you could take them to small claims court. Not always worth the hassle, but an option.
Also Read: Filing a Claim After a Minor Car Accident
Tips To Avoid Paying Out Of Pocket
Nobody likes surprise expenses, especially for something that wasn’t their fault. Here are a few ways to reduce the chances of paying a deductible:
- Always confirm the other driver has insurance before you leave the scene of an accident.
- File a police report after the accident to clarify fault and speed up the process.
- Use dashcam footage or witness statements if fault is disputed
- Consider adding uninsured/underinsured motorist coverage to your policy.
- Choose a reputable repair shop that works directly with your insurance to speed up claims processing.
Bottom Line
If you’re not at fault for an accident in California, you shouldn’t have to pay a deductible—if everything goes smoothly with the at-fault driver’s insurance.
But since insurance companies don’t always make things easy, you might end up paying it upfront if you go through your own insurance, if the other driver doesn’t have coverage, or if fault is disputed.
The good news is that there’s a decent chance you can get your deductible refunded later.
It just takes time and a bit of patience.
