You get into a crash. It wasn’t your fault. Maybe someone rear-ended you, ran a red light, or backed into your parked car. Now your car’s in the shop, medical bills are piling up, and your own insurance says you need to pay a $500 deductible.
Wait—why are you paying anything when you didn’t cause the accident?
That’s one of the most common and frustrating questions we hear. And the answer? It depends. The insurance process isn’t always fair, and the fine print can work against you.
But here’s the good news: you do have rights. In this article, we’ll break down exactly when you’re responsible for a deductible, when you’re not, and what you can do to get that money back if you’ve already paid it.
Do You Have to Pay A Deductible If You’re Not at Fault in a Car Accident?
In Florida, the answer isn’t as simple as it should be. This is a no-fault state, which means after most crashes, you turn to your own insurance first, no matter who caused it. And yes, if you’re using your own collision coverage, you’ll usually have to pay your deductible, even if you did nothing wrong.
That’s hard to swallow. You were the victim, and now you’re paying up front? We hear this frustration from clients all the time. It feels backwards, because it is.
Now, here’s the other option: filing a claim directly with the other driver’s insurance. In that case, you likely won’t owe a deductible. But there’s a catch: their insurer has to admit their driver was at fault, agree to cover everything, and actually move fast enough to get you back on the road.
And that’s where it gets messy.
They might drag their feet, say their driver wasn’t at fault, or avoid returning your calls altogether. So many people end up right back with their own insurance, paying the deductible just to get the repairs started.
What Florida’s No-Fault System and PIP Insurance Really Mean for You
After a crash in Florida, most people assume the at-fault driver will pay for everything. But Florida follows a no-fault system, which means your own insurance pays first, no matter who caused the accident.
That coverage comes from your Personal Injury Protection (PIP) policy, and while it helps, it often falls short. PIP only covers:
- 80% of your medical bills
- 60% of your lost wages
- Up to a maximum of $10,000 total
And it doesn’t cover vehicle repairs, pain and suffering, or anything beyond those limits.
So what happens when your ER visit alone hits $12,000? Or you miss two weeks of work and your rent is due?
You’re left with the gap.
That’s why many people still end up paying out of pocket, even though the crash wasn’t their fault. And that’s exactly when you need to step outside the no-fault system and file a third-party insurance claim against the at-fault driver’s liability insurance.
We help you do that the right way, so you can get the full compensation you’re entitled to, not just what your policy happens to offer.
What Does Liability Insurance Pay For?
If you have an at-fault driver insurance claim, their insurance coverage will typically include the following damages:
- Medical bills – past and future
- Rehabilitation and transport costs
- Out-of-pocket costs related to medical care
- Lost wages
- Temporary replacement of domestic services
- Pain and suffering
All of this coverage is supposed to come at no cost to you. However, some insurance companies will attempt to deny coverage for specific claimed items.
For instance, they may allege that a certain treatment was not “reasonable” or that it involved an “unnecessary” amount of money. It is important to review the language of the third-party liability policy you are filing under closely. You should also know what specific state laws give you rights in the situation.
For example, in Florida car accident attorneys will remind you that, you have the right to demand that any parts used to repair your vehicle are of equivalent quality to that of the parts you are replacing (before they were damaged). You should not be left responsible for any of your costs, barring specific policy language that allows the insurance company to refuse or reduce coverage.
Have a qualified car accident lawyer review the policy language and help you tally the full amount of your damages to reduce the chance that you will be left to pay a portion out of pocket.
Do You Get Your Deductible Back?
If you paid your deductible, even though the crash wasn’t your fault, you might get that money back. But it’s not guaranteed.
Here’s how it works: your insurance company may go after the at-fault driver’s insurer to recover what they paid, including your car insurance deductible. That process is called subrogation. If they’re successful, you’ll be reimbursed. Sounds good, right?
But here’s the truth:
- It can take weeks or even months.
- You won’t get updates.
- And there’s no promise it’ll work.
If the other driver’s insurance denies fault, if the driver is uninsured or underinsured, or if their company simply refuses to cooperate, your insurer might give up, and you’re stuck eating the cost.
That’s one of the biggest pain points we see. You didn’t cause the accident, but now you’ve had to pay out of pocket, miss time from work, maybe even rent a car, and the system shrugs.
This is why having a lawyer at the very beginning makes a real difference. When we take on your case, we start by going after the at-fault driver’s insurance, because that’s your best shot at getting everything covered without paying a deductible amount upfront. And if for any reason you’ve already paid one, we push hard to get it reimbursed through subrogation or direct recovery.
Common Myths About Deductibles
Let’s clear up a few things we hear all the time, because insurance companies aren’t always great at explaining how this works.
Myth #1: If I’m not at fault, I won’t pay a deductible.
Not always true. If you use your own collision coverage, you pay the deductible, regardless of who caused the accident. The only time you avoid it is if the other driver’s insurance accepts fault and agrees to pay everything directly.
Myth #2: My insurer will take care of me because I’ve been loyal.
Unfortunately, that loyalty doesn’t change the process. Even if both drivers have the same company—say, State Farm—they treat each claim independently. You’re still required to follow their deductible and policy rules, just like any other customer.
Myth #3: My rates won’t go up if I’m not at fault.
Even if you weren’t to blame, some insurance companies will reduce or remove your claims-free discount just for using your policy. You may not get a surcharge, but your premium can still go up at renewal, just for needing help.
Myth #4: Filing under my insurance won’t affect my claim later.
It might. If you rush to file under your own collision coverage just to get repairs started, insurers may treat that as you accepting blame. And once your deductible is paid, it becomes harder to pursue the at-fault driver’s insurance for full compensation.
The exception here is Florida PIP, which doesn’t assign blame, but it won’t cover everything either.
The bottom line? These myths can cost you money and limit your legal options. Talk to us first so we can protect your claim and help you avoid getting stuck with a bill that should never have been yours to begin with. And what if you got in a hit-and-run accident or with an uninsured driver?
Hit-and-Runs Usually Mean You Pay the Deductible
In most hit-and-run cases, the damage to your car has to be covered by your own collision insurance. That means you’re stuck paying the deductible, even though the other driver caused it and ran off.
It feels wrong because it is wrong. But without a known, insured driver to file against, your insurer doesn’t have anyone to recover from. So the cost falls back on you.
The only way around this? You might have a specific kind of protection in your policy, called Uninsured Motorist Property Damage (UMPD).
Collision Coverage, UMPD car insurance, and Deductibles
When it comes to fixing your car after a crash, especially a hit-and-run or a wreck caused by an uninsured driver, your out-of-pocket costs depend on what kind of insurance you use. Let’s break down how collision coverage, UMPD, and deductibles really work:
Collision Coverage
- Pays for damage to your vehicle, no matter who was at fault
- Often used when you don’t want to wait for another insurer to respond
- Always includes a deductible, usually $500 or $1,000
- Filing a claim might impact your rates
You’re responsible for your deductible up front, even if you weren’t at fault.
UMPD (Uninsured Motorist Property Damage)
- Covers vehicle damage when the at-fault driver has no insurance or leaves the scene
- Can waive your deductible in some states or policies
- Must be in your policy, and not all drivers have it
- May not apply in hit-and-runs unless there’s clear proof (like a police report or contact with the other vehicle)
You may avoid paying a deductible if you use UMPD and your claim is approved.
So When Do You Pay a Deductible?
- Using collision coverage? Yes, you pay the deductible.
- Using UMPD? Maybe not, depends on your coverage, your state, and the circumstances.
If you’re not sure what you’re covered for, or if the insurance company is trying to stick you with a deductible you shouldn’t owe, we can step in and help. We’ll review your policy, fight for your rights, and work to get your deductible reimbursed or waived whenever possible.
Most Victims Don’t Know Their Rights Until It’s Too Late
If you used your own medical insurance to pay for the costs of medical treatment after your accident, a third-party BIL policy can repay both you and your insurance company for the associated costs.
You will get repaid for any deductible, co-pays, and other cost-sharing you had to cover, while your medical insurance provider gets reimbursed for the coverage they provided.
Be sure to record the costs of your treatment after you file a medical visit under your own insurance following a motor vehicle accident. You want to track both the costs to yourself and the billing items sent to your insurance company.
Avoid Assuming Liability for an Accident That Wasn’t Your Fault
Some car accident victims make the mistake of filing under their own car insurance following an accident, such as filing under their collision insurance to cover the costs of a vehicle repair.
Filing a first-party claim with your insurance company essentially means you’re admitting fault for the accident – except if you’re filing a PIP claim. Once you pay your deductible or even just open your claim, it can be difficult to pursue a third-party claim against the insurance policy of the at-fault driver.
Remember to review and carefully consider your legal options in the wake of a car accident. Work with an attorney so that insurance companies don’t need to get involved more than necessary.
This allows you to seek the maximum amount of compensation possible without entering into a medical lien or subrogation agreement, both of which can force you to make legal decisions not necessarily in your best interest.
Talk to a Lawyer After Your Accident
One of the biggest problems we see? People don’t know what they’re entitled to. They’ve never been in an accident before. They trust the insurance company to guide them. But what really happens?
They pay out of pocket. They wait months for answers. They lose time, money, and peace of mind—all because no one told them what their options really were.
You deserve better than that. At Steinger, Greene & Feiner, we step in before the system takes advantage of you. We’ll review your insurance policy, explain your rights, and handle every conversation with the insurance companies, so you don’t say or sign something that costs you later. We helped hundreds of our clients to recover what they owed, fighted to get their deductible reimbursed. We serve across Florida with offices in West Palm Beach, Miami, Fort Lauderdale, Tampa, Fort Myers, Orlando, Port St. Lucie, and more.
The call is free. The consultation is honest. And you don’t pay us unless we win for you. Let’s talk before the insurer talks you into something that works against you.
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