Does My Deductible Apply If the Other Driver Is at Fault in Texas?
Many Texans are confused about when their insurance deductible applies, especially after a car accident during a winter storm. The answer depends on how you handle your claim and who caused the accident.
Filing Through the Other Driver’s Insurance
If the accident was clearly the other driver’s fault, and you file a claim directly with their insurance, your deductible does not apply. Texas is an at-fault insurance state, which means the at-fault driver’s insurance is responsible for covering your vehicle repairs and medical costs. You do not even have to notify your own insurance company if the other driver is clearly at fault, though many people still do for convenience.
For example, if someone slides on ice during a Texas winter storm and crashes into your car, the other driver’s insurance should cover the damages. In this case, you do not pay your deductible at all.
When Your Deductible Might Apply
There are situations where your deductible may come into play:
If the other driver is uninsured or underinsured.
If the other driver cannot be identified after the accident.
If fault is unclear or disputed.
If it turns out you caused the accident.
In these cases, your insurance company might repair your car using your collision coverage, which typically requires you to pay your deductible upfront.
How Subrogation Works
Even if you pay your deductible initially, your insurance company can seek reimbursement from the at-fault driver’s insurance through a process called subrogation. If successful, your deductible will be returned to you.
This is especially common during Texas winter storms, when icy roads and poor visibility can make fault difficult to determine. Using your own collision coverage may be the fastest way to get your vehicle repaired, but keeping detailed records—photos, police reports, and witness statements—will help ensure your deductible is refunded once fault is established.
Key Takeaways
If the other driver clearly caused the accident, you should not pay a deductible.
If fault is disputed or unclear, you may need to use your collision coverage and pay your deductible temporarily.
Subrogation can return your deductible if your insurance company recovers costs from the at-fault driver.
Documenting the accident thoroughly is critical, especially during winter storms in Texas, to protect your rights and minimize out-of-pocket expenses.
Knowing your rights and how deductibles work can save you time, money, and stress after an accident. If you’re unsure about fault or insurance claims, consulting a personal injury attorney can help protect your vehicle and your finances.
