IF THE AUTO ACCIDENT WAS THE OTHER DRIVER’S FAULT, DO YOU STILL HAVE TO PAY A DEDUCTIBLE?
This is a question that our car accident lawyers are frequently asked. Generally, when your vehicle is damaged because of the other driver’s fault, the other driver’s insurance will pay to fix or replace your car, if they agree that their driver was at fault. In that case, you will NOT have to pay a deductible.
However, there are three circumstances where you would still have to turn the claim over to your auto insurance company:
(1) If the other driver is uninsured,
(2) If the other driver’s insurance company won’t admit the accident was his fault and refuses to pay,
(3) If your car is totaled and you don’t agree with the other insurance company on the fair value of your vehicle.
In these situations, you will have to submit the claim to your auto insurance company if you have collision coverage. Your insurance company will pay to fix or replace your vehicle, but you will have to pay the deductible (at least temporarily) even though the other driver was at fault. After your insurance company pays to fix or replace your car, they will try to get their money back from the other driver’s insurance or from the other driver if he was uninsured. If your insurance company is successful at getting money from the other driver or his insurer, they will pay you back your deductible at the same time.
Also, if you are injured in a car accident in Minnesota, YOUR car insurance pays your medical bills and wage loss even if the other driver was completely at fault. You will also have a deductible for that, which you will have to pay or which is deducted from the payments your insurance company makes to you.
If you have questions after an accident about getting repaid for the damage to your car or your insurance deductible, you are welcome to call us and speak with a lawyer for a free consultation even if you are not injured. If you have been injured in an auto accident in MN, you should call us as soon as possible so that a lawyer can investigate your case and advise you of your rights.