How do I get my deductible reimbursed if the other driver is found to be 100% at fault for an accident in California?
You can get your deductible reimbursed by having your own insurance company recover it for you through a process called subrogation, or by filing a claim directly with the at-fault driver's insurer.
Here is a step-by-step guide to recovering your deductible:
Step 1: File a Claim with Your Own Insurer
Immediately report the accident to your own insurance company and file a claim under your collision coverage. To get your car repaired promptly, you will need to pay your deductible upfront to the auto body shop. Keep the receipt as proof of payment.
Step 2: Provide All Evidence of Fault
Give your insurance adjuster all evidence proving the other driver was 100% at fault. This includes the police report number, the other driver's contact and insurance information, photos of the accident scene, and contact details for any witnesses. Clear evidence of fault is critical for a full reimbursement.
Step 3: Let Your Insurer Handle Subrogation
Once you pay your deductible and your claim is processed, your insurance company will begin a "subrogation" action. This means they will formally demand payment from the at-fault driver's insurance company to cover the costs they paid for your repairs, plus your deductible. This process can take several weeks to many months.
Step 4: Follow Up and Receive Your Reimbursement
Check in with your insurance adjuster periodically to ask about the status of the subrogation. Once your insurer successfully recovers the funds from the other carrier, they will mail you a check for the full amount of your deductible.
Important Details and Nuances
An alternative is to file a "third-party claim" directly with the at-fault driver's insurance company. This avoids paying your deductible, but the process can be much slower and the other insurer may be less motivated to help you. If the at-fault driver is uninsured, your ability to recover the deductible depends on whether you have Uninsured Motorist Property Damage (UMPD) coverage, which typically has a lower deductible.
Warnings and Limitations
If fault is disputed or shared (e.g., you are found 20% at fault), you will only receive a partial reimbursement of your deductible corresponding to the other driver's percentage of fault (e.g., 80%). As a last resort, you can sue the at-fault driver in small claims court for the deductible amount. The statute of limitations for property damage in California is three years from the date of the accident.
This is general information and does not constitute legal advice. For complex situations, especially those involving injuries or significant disputes over fault, consult with a qualified California attorney.
Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
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