Can you sue for your deductible?
Asked by: Sid Schamberger | Last update: December 13, 2025Score: 4.3/5 (4 votes)
Can I get reimbursed for my deductible?
According to USAA, the most popular deductibles are $250 and $500. Therefore, Auto Deductible Reimbursement is available for up to $500 per loss. It is a supplemental added protection, not insurance, which pays directly to the borrower after a claim is filed and paid by the primary auto insurance carrier.
Can I sue at fault a driver for my deductible?
You can sue for your deductible, but it may not be worth going to court for it. If you file suit, you have to pay a filing fee (which you get back if you win). You also have to get the other driver served with the lawsuit.
Why do I have to pay a deductible if the accident wasn't my fault?
Generally speaking, you owe the deductible whenever you use your own first party coverage to pay for damage to your car. Has nothing to do with fault, except that the at fault driver (and their insurance) may ultimately cover your damages, which includes your deductible.
How likely is an insurance company to sue you?
While subrogation allows insurance providers to pursue third parties, an insurer usually cannot sue their policyholders. However, there are certain situations where an insurer may take legal action against its policyholder.
CAN I SUE FOR MY INSURANCE DEDUCTIBLE?
When should you sue an insurance company?
You may be able to sue your insurance company for bad faith if they intentionally neglect to perform the duties necessary according to your policy. If the insurance company knows that the claim is valid but they deny it anyway, you may be able to sue for bad faith.
What happens if someone sues you and you have no money?
The plaintiff might attempt wage garnishment or bank account levies. Some defendants might be considered “judgment proof” if they have no assets. Possible Outcomes and Future Collection: Judgments remain active for several years and could be renewed.
How to avoid paying deductible?
- Choose not to file a claim until you have the money.
- Check your policy, as you may not have to pay up front.
- Work out a deal with your mechanic.
- Get a loan.
Is it better to have a $500 deductible or $1000?
Remember that filing small claims may affect how much you have to pay for insurance later. Switching from a $500 deductible to a $1,000 deductible can save as much as 20 percent on the cost of your insurance premium payments.
Should I file an insurance claim if I am not at fault?
Always File a Claim, Regardless of Who Was At-Fault
One of the primary questions we receive from clients who have been in an accident is whether they should report the accident to their own auto insurance carrier, particularly when the accident was not their fault. And the answer to that question is: always.
What happens if someone sues you for more than your insurance covers?
You may face a lawsuit for the uncovered amount when damages exceed your policy limits. The injured party could attempt to seize your personal assets, which may include: Savings accounts. Wages (via wage garnishment)
How much is deductible for car accident?
In general, car insurance policies offer a choice of deductibles, like $250, $500, $1,000, and $2,000. Please note, these may vary by company.
Do I have to pay deductible if I was not at fault with Allstate?
Will I have to pay my deductible if I'm not at fault? It's possible, but we will do our best to recover the amount paid from the person responsible, including your deductible.
What if I can't pay my deductible car insurance?
If the car isn't drivable, you can ask the mechanic to allow you to make payments toward the deductible, but they can legally keep your vehicle until this debt is cleared. If the needed repairs are extensive, you can ask the repair shop to waive your deductible.
Whose insurance company do I call after an accident?
But perhaps you're unclear about the process. You might think that calling the other driver's insurance first makes sense since they hit you. Actually, you'll be better off contacting your insurance company first instead of depending on the other driver. Let's find out why.
What to do if someone falsely claims you hit their car?
Report the Incident
You don't want them to hear from the other party first. Be detailed: Provide them with all the information you've gathered—photos, videos, witness names, and details about the incident. Ask for advice: Your insurance company will guide you on how to proceed and whether further action is needed.
Do I get my deductible back if I'm not at fault?
Yes, if you have to pay your deductible and you were not at fault, you may be able to get it back from the at-fault driver's insurance company. This is called subrogation. Your insurance company will pursue the at-fault driver's insurance company to recover the money paid for the damages, including your deductible.
Do you have to pay deductible if not your fault?
If your coverage includes a Direct Compensation and Property Damage (DCPD) deductible, you must still pay the DCPD deductible even if you are not at fault.
Will raising my deductible lower my car insurance?
When you're choosing a deductible, keep in mind that you may be more or less comfortable with higher out-of-pocket costs vs monthly costs. A high deductible will lower your overall insurance rate, however it will increase your out-of-pocket costs if you file a claim.
How to get your deductible waived?
Fault determination: Most insurers require you to be not at fault for the accident. Some auto companies may require you to be 100 percent fault-free to have the deductible waived, while others may waive a percent of your deductible based on your percentage of fault.
Is it illegal to not pay your deductible?
If you do not pay your deductible you are committing a crime. Technically, this is a form of insurance fraud. Most homeowners' insurance policies will have a concealment or fraud section.
Can I pay my deductible in installments?
Negotiate a Payment Plan
Your healthcare provider can't waive or discount your deductible because that would violate the rules of your health plan. But they may be willing to allow you to pay the deductible you owe over time.
Do you go to jail if someone sues you and you can't pay?
While debt collectors can no longer have you jailed or threaten to have you arrested for not paying your debts, there are a few instances in which you can be incarcerated with debt as the underlying cause. For example, a debt collector can sue you and, if you fail to comply with court orders, you could get jail time.
What happens if someone sues you and you ignore it?
If you're sued, you can choose to do nothing. This means that you do not file any response by the deadline. The Plaintiff then can ask the judge to decide the case without your input. This is called a default or a default judgment.
How often do debt collectors take you to court?
More frequently than most consumers probably realize. While precise statistics are difficult to come by, legal experts estimate that several million debt collection lawsuits get filed across the United States every single year.