Do you have to pay a deductible if an uninsured motorist hits you?

Asked by: Prof. Vladimir Baumbach III  |  Last update: April 20, 2025
Score: 4.8/5 (47 votes)

Unfortunately, recovering the cost of your deductible, if the other driver is uninsured, is up to you. I would definitely recommend asking to speak with a supervisor at your insurance company to see if you have any other options available, but you may have to pay the deductible simply to start the repair process.

Why do I have to pay deductible when it's not 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.

What is the disadvantage of uninsured motorist coverage?

Some cons to consider include: Additional cost: Adding uninsured motorist coverage to your policy typically increases your insurance premium, which can be financially burdensome. It is important to weigh the benefits against the added cost and your budget.

What does uninsured motorist coverage not cover?

In many states, uninsured motorist coverage will only pay for bodily injury and will not pay for damage to your car. There are some states in which you can only purchase uninsured coverage for property damage if you do not carry collision coverage.

Will my insurance go up if an uninsured motorist hits me?

However, under California's proposition 103, insurance companies are not allowed to raise rates or drop a person because they made an uninsured motorist claim.

What to do if you're hit by an uninsured driver?

28 related questions found

Does uninsured motorist cover your deductible?

Collision coverage will pay for the damage to your vehicle (less the amount of your deductible), and when the loss is caused by an uninsured motorist, your collision deductible waiver coverage will reimburse or waive the deductible payment.

What happens if I'm hit by an uninsured driver?

The MIB is a fund that all insurance providers pay in to using money from your premium. The fund provides compensation if you've been hit by an uninsured or untraceable driver (for instance if the other driver didn't stop).

Is it better to have a collision or uninsured motorist?

Deductible Comparison: UMPD generally has a lower deductible compared to collision coverage. This can be beneficial in reducing immediate out-of-pocket costs. Broader Coverage: UMPD can cover not just your vehicle but also other property, such as a fence or a garage, if damaged by an uninsured driver.

How do insurance companies go after uninsured drivers?

If the at-fault party is uninsured, the insurer may pursue subrogation against the driver personally.

What is a collision deductible waiver?

If you have collision coverage, you can get a waiver for your deductible if an uninsured driver hits you. It applies even to a hit-and-run. But you still have to find the driver or car that hit you and prove they're at fault. This sets the California deductible waiver apart from the CDWs offered in other states.

What is the best amount of uninsured motorist coverage?

I always recommend buying Uninsured Motorist coverage up to an equal amount with your third-party liability coverage, if you can afford it. This means, if you have $100,000 in liability coverage, you should buy $100,000 in Uninsured Motorist coverage.

What is the truth about underinsured motorist coverage?

Underinsured motorist coverage, which is usually offered alongside uninsured motorist coverage, protects you if you're hit by a driver who doesn't have enough coverage to pay for the damages or injuries they caused. Both coverages are mandatory in many states and highly recommended for all drivers.

Do you want uninsured motorist?

California law does not require you to carry uninsured motorist (UM) or underinsured motorist (UIM) coverage—so, legally, you don't need either one. However, UM/UIM is an important and commonsense coverage to carry.

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.

Do I have to pay my insurance deductible if someone hits me?

Policyholders will generally pay the deductible before comprehensive coverage kicks in. Liability insurance. Liability coverage, which is required in California, doesn't involve deductibles but covers damages the policyholder causes to other vehicles, drivers, or property. Uninsured motorist coverage.

Do you get your deductible back if the accident wasn t your 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.

Is it worth suing an uninsured driver?

Suing the uninsured driver might not be worth it unless they are financially capable of satisfying a judgment. After a crash with an uninsured or underinsured driver, contact a car accident lawyer about your legal options.

Will my insurance go up if I get hit by an uninsured driver?

California Law Forbids Insurers to Raise Rates

This makes California one of only two states in the country which has legislation on the books preventing insurance companies from arbitrarily raising rates after a consumer files an uninsured motorist claim following a no-fault accident.

What is the uninsured driver promise?

However, some insurers, including Aviva, have gone one step further and created the Uninsured Driver Promise: not only will your NCD be protected, but if it's clear that you weren't at fault in the accident, you won't have to pay the excess either (or if you did initially you will be reimbursed.)

Do I have to pay the deductible for an uninsured motorist?

What is an uninsured motorist deductible? If an uninsured driver damages your vehicle and you carry uninsured motorist property damage (UMPD) coverage on your auto policy, your uninsured motorist coverage deductible is the amount of money you pay out of your own pocket for the claim on your damaged car.

Does uninsured motorist claim affect my rates?

Claims When You Are Not At Fault

One of the reassuring aspects of uninsured motorist claims in California is that they usually won't impact your insurance rates if you are not at fault in the accident.

What happens if the person at fault in an accident has no insurance in Texas?

If the accident was your fault

If you get into an accident without insurance, you could be on the hook to pay for any damages to the other person's vehicle. Beyond that, the other party could sue you for expenses associated with personal injury, such as medical bills and lost income due to an inability to work.

Do I contact the At Fault driver's insurance company?

If you get into a car accident, you are under no obligation to call another driver's insurance company to work out the claim. All you need to do is talk to your insurance provider when you get into an accident or if someone else hits your car, and they will handle the claim on your behalf.

What happens if someone else is driving my car and gets in an accident in the UK?

In most cases, your car insurance extends to whoever you let drive your car. If someone else is driving your car and there is a car accident, responsibility and liability will depend on who caused the accident and the person driving your car. It will also depend on the terms of your auto insurance policy.

What is new car replacement coverage?

New car replacement insurance reimburses you for the vehicle's full value in case an accident damages it beyond repair. Some policies are only valid during the first year of ownership, but others extend to two or three years and cover other situations, such as vehicle theft or a natural disaster.