Do I Have To Pay My Deductible If I Was Not At Fault?

South Carolina is considered an at-fault state for car accidents. A common question that arises is, Do I Have To Pay My Deductible If I Was Not At Fault? Here’s how it works: the driver responsible for causing the accident is financially liable for the damages. This includes covering medical expenses, property damage, and other losses suffered by the other party. Victims of South Carolina car accidents can file a claim against the at-fault driver’s insurance company to recover the compensation they deserve. This is only if the victim’s percentage of fault is below 50%, which is required to pursue compensation under South Carolina’s comparative negligence rules.

While the state operates on an at-fault basis for motor vehicle accidents, many car accident victims in South Carolina are unsure whether they will have to pay their deductible to their own insurance company. Depending upon the type of car insurance policy they have, paying a high deductible for an accident they didn’t cause is unfair in the eyes of many drivers. The answer to this common question depends on several factors, which are mainly based on finances and how they choose to handle their claim. If you’re searching for help near you, The Lovely Law Firm, we believe every accident victim should have the knowledge and legal representation needed to review their insurance policies and the claims process with confidence. Understanding your options can help you protect your financial interests and ensure you have the best chance of receiving the compensation you deserve.

Who Is Responsible For Paying The Deductible?

When a car accident occurs in South Carolina, determining who pays the deductible depends on the circumstances of the crash and the victim’s insurance policy. If the accident was caused by another driver, the insurance company of the at-fault driver is generally responsible for covering the damages.

In many cases, this means the victim may not have to pay their deductible, but that isn’t always guaranteed. Some insurance policies require the policyholder to pay their deductible upfront, even when they are not at fault, while others do not. Reviewing the details of your motor vehicle insurance policy or consulting with a South Carolina car accident attorney can help clarify your coverage and deductible.

Options For Paying Deductible After Car Accident That Wasn’t Your Fault

After being involved in a car accident that wasn’t your fault, you may find yourself asking, Do I have to pay my deductible if I was not at fault? This is a common concern, especially if your deductible is high or unaffordable due to medical bills and lost wages resulting from your car accident injuries. Fortunately, there are options available to help you manage the cost of your deductible:

1. Wait for the At-Fault Driver’s Insurance – The first option is to wait for the at-fault driver’s insurance company to process the accident claim and issue payment for your damages, which will include the cost of your deductible. While this may seem like the simplest route, it’s important to be aware that insurance claims can take time to be processed, and delays in negotiations and payment are common. This could leave you without a vehicle and waiting for compensation longer than you’d like.
2. File a Claim with Your Own Insurance Company – If you need to get back on the road sooner, you can file a claim through your own insurance company. In this case, you would pay your deductible upfront. This method can expedite repairs and get your vehicle back on the road faster, but you will initially cover the deductible.

If accident victims opt for the second path, they will be able to pursue deductible recovery and subrogation. Speaking with a qualified and dedicated car accident attorney at The Lovely Law Firm will help give you an idea of which option is better for you. Our goal is to help you obtain the compensation you deserve, while also providing you with all the knowledge you need to make a decision that is best for your situation.

What Is Deductible Recovery?

If you’ve chosen to pay your deductible after an accident that wasn’t your fault, you might be able to recover the cost from the at-fault driver’s insurance company. This process of repayment is known as subrogation. After you file a claim with your own insurance company and pay your deductible, your insurer will then work to recover the amount they paid on your behalf from the at-fault driver’s insurance policy. This can include both the damages to your vehicle and your deductible.

However, the time it takes to get your deductible back can vary depending on the specifics of your case, and how willing the at-fault driver’s insurance is to pay back the cost of the deductible. In some instances, the process can take several weeks or even months as the insurance companies work to negotiate and settle the claim. Insurance companies are notorious for drawing out these processes, in hopes that claimants seeking subrogation will eventually give up on recovering the funds they’re owed.

Need More Information On Your Deductible After Being In An Accident That Wasn’t Your Fault?

At The Lovely Law Firm, we understand how frustrating and time-consuming it can be to manage the subrogation process on your own, especially with insurance companies who do not want to pay back your deductible. Our experienced team near you is here to support you through each step and make sure you have the legal guidance you need to pursue deductible recovery. If the at-fault driver’s insurance company refuses to pay, we can help you explore other options, including pursuing legal action or filing a lawsuit to recover your deductible. Let us handle the complexities of your case, so you can focus on getting back to your normal life.