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Question DetailsAsked on 11/20/2015

I was in a car accident . Other driver admitted fault. Can my ins. still ask for my deductable?

I was recently in a car accident, rear ended. The other driver admitted fault and has insurance. Minor injuries with ambulance on site (not sure who called them). But when I contacted my insurance to have them start a claim against the other insurance carrier, my agent said we would have to pay for doctor appointment deductibles, hospital deductibles, and car repair deductible. Then our insurance carrier will apply those charges against the at fault insurance and "try" and recoup our money back. I haven't had a car accident in 31 years. So have things changed? Shouldn't we be telling the other insurance company this is where I'm getting it fixed and NO out of pocket money?

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2 Answers


IF you filed a claim with YOUR insurance company, then you pay the deductible under your policy - and IF your insurance company recoups their cost from the other carrier, they reimburse you at the end.

Your mistake was filing with YOUR carrier - you should have filed your claim with the OTHER company, which would be responsible for paying all reasonable costs for repair and injuries and such. One caveat on that - he may or may not have replacement coverage on his insurance, so the payment they offer for the car damage might be based on a depreciated value of the car. Generally does not make a difference if readily repairable, but if significant damage can make the difference between a repair or a writeoff because the repair cost is more than your car is worth at depreciated value, so they might just pay you the depreciated market value instead.

And of course, your recovery would be limited (unless you also sue) to the amount of his insurance coverage.

And of course, if you go through your insurance company they use their resources to fight on your behalf (how hard they fight depends on company of course) as opposed to you having to fight it out with the other driver's company, who have no reason to play nice with you.

Answered 4 years ago by LCD


I've done this a couple times and it is much quicker to deal with your insurance carrier. As LCD said, it would be best to deal with the other insurance company, but by dealing with yours you spare yourself the headache of dealing with someone else's insurace. Both times I've done this the other insurance had no problem paying me for my deductible to close the incident. But by dealing with my insurance I got the value of my car right away with no wait. it was worth it to me to get it settled quickly and pay the deductible up front (and getting reimbursed for it later). Then as was said before, let the insurance companies go at each other for the rest.

Answered 4 years ago by DriverNerd

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