Does My Deductible Apply to All Claims, Even If I Am Not at Fault?

Last Updated on February 5, 2026

If you’re in a crash you didn’t cause, it’s normal to ask whether you still have to pay your car insurance deductible. The short answer: deductibles don’t apply to every claim, and when you’re not at fault, whether you pay one often depends on which policy pays first and how the claim is handled.

Quick tip: If the other driver is clearly at fault and insured, you can often avoid paying a deductible by filing the property damage claim with their insurer—but it can take longer than going through your own coverage.

Deductibles Aren’t Universal: They usually apply to collision and comprehensive, not to liability claims paid to others.
Claim Path Matters: Filing through the at-fault driver’s insurer often avoids a deductible, while using your own collision coverage is often faster but may require paying it upfront.
Reimbursement Takes Proof: Deductible recovery typically depends on documentation, a liability decision, and successful subrogation.
Plan Ahead at Renewal: Choosing the right deductible is a budget decision—balance premium savings against the out-of-pocket cost you could face after a loss.

Table Of Contents

Do Deductibles Apply to Every Claim?
If You’re Not at Fault, You Usually Have Two Claim Paths
Why You Might Pay a Deductible Even When You Didn’t Cause the Crash
How Deductible Reimbursement Works
Get a Police Report When Possible
When a Deductible Can Be Waived or Reduced
Will a Not-at-Fault Claim Affect Your Rates?
Choosing the Right Deductible for the Future
Real-World Examples
Final Word
FAQs on Deductibles After a Not-at-Fault Accident

Do Deductibles Apply to Every Claim?

No. In most auto policies, a deductible is tied to first-party physical damage coverage (coverage that pays to repair your vehicle). Many other coverages either have no deductible or work differently.

When a Deductible Usually Applies

You’ll most commonly see deductibles on:

Collision coverage (your car hits another car or object)
Comprehensive coverage (theft, vandalism, hail, animal strikes, falling objects, etc.)
Some glass claims (depending on your state and policy options)
Some uninsured motorist property damage claims (varies by state and policy form)

When a Deductible Usually Does Not Apply

These commonly do not involve a deductible (though limits and eligibility still apply):

Liability claims paid to others (property damage liability and bodily injury liability)
Medical payments or PIP (varies by state and policy design)
Rental reimbursement and roadside/towing (often no deductible, but the coverage may have caps or per-event limits)

Common Claims and Whether a Deductible Applies

What Happened	Coverage That Commonly Pays	Deductible?	What To Know
You hit another car or a pole	Collision (your policy)	Usually yes	Often fastest repair route, especially if fault is disputed.
Someone hits you and they’re insured	At-fault driver’s property damage liability (their policy)	Usually no	You may still choose your collision coverage for speed.
Your car is stolen or vandalized	Comprehensive (your policy)	Usually yes	Police report and documentation help support the claim.
Hail, flood, falling tree limb	Comprehensive (your policy)	Usually yes	Weather events can trigger many claims at once, which can slow handling.
Cracked windshield	Comprehensive or specific glass option	Depends	Some policies offer low or $0 glass deductibles where allowed.
You’re hit by an uninsured driver	Collision and/or uninsured motorist property damage	Depends	Rules vary by state; ask how your policy responds before authorizing repairs.

If You’re Not at Fault, You Usually Have Two Claim Paths

When someone else caused the accident, you can typically choose between (1) using your own collision coverage or (2) filing directly with the other driver’s insurer. The “best” option depends on speed, clarity of fault, and whether the other insurer accepts liability right away.

Option	What You Pay Upfront	Typical Upside	Typical Tradeoff
File Through Your Own Policy (Collision)	Usually your collision deductible	Often faster inspections and repairs; your insurer manages the process	You may need to wait for reimbursement later
File Through the At-Fault Driver’s Insurer (Liability)	Usually no deductible	Less out-of-pocket cost if liability is accepted	Can take longer; delays if fault is disputed or limits apply

Why You Might Pay a Deductible Even When You Didn’t Cause the Crash

If you choose to use your own collision coverage, your deductible is your share of the repair bill under your policy terms—regardless of fault. Many drivers still pick this route because it can reduce downtime, especially if the other insurer needs time to investigate or is slow to respond.

How Deductible Reimbursement Works

When you use your own coverage for a not-at-fault crash, your insurer may try to recover what they paid (and your deductible) from the other insurer through subrogation. If recovery is successful, your deductible is typically returned to you.

Insurers don’t reimburse deductibles based on assumptions—they look for evidence and a liability decision. That’s why carriers may review photos, statements, repair documentation, and whether they can check the police report to confirm what happened.

Important: If fault is shared (for example, the other company assigns you 20% responsibility), deductible reimbursement may be reduced or delayed. And if the other driver is uninsured, reimbursement may depend on your coverage and whether the at-fault driver has collectible assets.

Quick tip: Save proof of payment (repair invoice, receipt, or card statement). If your deductible is reimbursed later, the paperwork helps prevent delays and disputes.

Get a Police Report When Possible

Documentation helps your insurer make (and defend) a clear liability decision. If law enforcement responds, request an official police report. If police won’t come to minor collisions in your area, ask how to file online or at a station and keep a copy for your records.

In many claims, a report isn’t strictly required, but it can still be useful—especially if stories change. If you’re wondering whether you need a police report to file a claim, the safest approach is to gather as much third-party documentation as you can (report number, witness info, and photos), then follow your insurer’s instructions.

Evidence That Helps Resolve Fault Faster

Even if fault seems obvious, treat the scene like you’re building a clean claim file. Start with this checklist:

Photos of all vehicles, damage close-ups, license plates, and the intersection/roadway
Wide-angle shots showing lane positions, traffic signals, skid marks, and debris
Witness names and contact information
Dashcam footage (save the original file if available)
Notes about weather, lighting, and exactly what each driver said
Repair estimates and any supplements from the shop

If you want a deeper checklist, use this guide on documenting damage and gathering evidence to help your adjuster—and strengthen deductible recovery.

When a Deductible Can Be Waived or Reduced

Some insurers offer options that can lower or eliminate certain deductibles, but availability depends on your state, your insurer, and your policy form. Common examples include:

Deductible waiver endorsements for specific situations (for example, certain not-at-fault losses or glass claims)
Separate glass options that reduce the windshield deductible
Uninsured motorist property damage features that may apply differently than collision

If you believe the other driver is clearly at fault, it’s reasonable to ask whether your insurer can waive the deductible. Even if they can’t, they should explain the recovery process, what documentation they need, and how you’ll be notified if reimbursement is received.

Will a Not-at-Fault Claim Affect Your Rates?

Rate impact rules vary by state and by insurer underwriting guidelines. Some states restrict surcharges for not-at-fault accidents, and some insurers treat a not-at-fault claim differently than an at-fault loss. Even without a surcharge, premiums can still change at renewal due to broader factors like claim trends, repair costs, and location-based risk.

If there’s any question about fault, learn how carriers handle liability decisions and what being found at fault can mean for the claim and your policy.

Choosing the Right Deductible for the Future

Deductibles are a tradeoff: higher deductibles usually lower your premium, but they increase the amount you may pay out of pocket when you use collision or comprehensive. If you’re considering changes at renewal, this guide on raising your deductible to save money can help you compare the risk versus the savings.

Real-World Examples

Rear-ended at a stoplight: If the other driver’s insurer accepts liability quickly, you may pay no deductible by filing through them. If they stall or dispute details, using your collision coverage may get repairs started faster—then you pursue reimbursement.
Hit-and-run in a parking lot: You’ll often use collision or uninsured motorist property damage (if available), which may involve a deductible. Thorough photos and a prompt report can help.
Hail damage: This is typically comprehensive, so a deductible usually applies even though no “driver” is at fault.
Shared fault (lane change dispute): Even if you feel you did nothing wrong, a partial-fault decision can reduce or delay deductible recovery.

Final Word

Your deductible doesn’t automatically apply to every claim—and when you’re not at fault, you may be able to avoid paying one by filing with the at-fault driver’s insurer. If you use your own collision coverage for speed, paying the deductible upfront is common, and reimbursement often depends on subrogation and clear documentation. When in doubt, review your declarations page, ask your adjuster how your policy applies in your state, and keep detailed records from day one.

FAQs on Deductibles After a Not-at-Fault Accident

Do I have to pay a deductible if the other driver is clearly at fault?

Not always. If you file the claim with the at-fault driver’s property damage liability coverage and they accept liability, you typically won’t pay a deductible. If you use your own collision coverage to start repairs faster, you’ll usually pay your deductible first and seek reimbursement later.

Does liability coverage have a deductible?

Usually no. Liability coverage generally pays other people for damage or injuries you cause, and deductibles typically apply to first-party physical damage coverage (like collision and comprehensive) that repairs your vehicle.

Will I automatically get my deductible back?

Not automatically. Deductible reimbursement often depends on a final liability decision and successful recovery from the at-fault party (or their insurer). If fault is shared or the other driver is uninsured, reimbursement may be reduced, delayed, or not available.

How long does deductible reimbursement take?

It varies. Some claims resolve in weeks, while others take months—especially if liability is disputed, repairs take time, or the other insurer is slow to respond. Your adjuster can tell you whether recovery is being pursued and what status updates to expect.

What if the other driver is uninsured or it’s a hit-and-run?

You may need to rely on your own collision coverage, and a deductible often applies. Some states and policies offer uninsured motorist property damage coverage, which may work differently than collision. Ask your insurer which coverage will apply before authorizing repairs.

Do I need a police report to recover my deductible?

Not always, but it can help. A police report (or incident number) can support the liability decision and reduce disputes about what happened. If police don’t respond to minor crashes in your area, gather strong photo/video evidence and ask your insurer what documentation they prefer.

Can my insurer waive my deductible if I’m not at fault?

Sometimes, but it depends on your policy form, endorsements, and state rules. If fault is clear, you can ask whether your insurer offers any deductible waiver options or if the claim can be directed to the at-fault insurer instead. If a waiver isn’t available, ask how the reimbursement process works and what proof they need from you.