Who Pays My Deductible If the Accident Wasn’t My Fault in Texas?
If you’ve been in a car accident in Texas and the other driver caused it, you might be wondering: “Do I have to pay my deductible?” The good news is, in most cases, you do not have to pay anything. Texas operates under an at-fault insurance system, meaning the at-fault driver’s insurance company is responsible for covering your damages—both for vehicle repairs and personal injuries.
For example, if another driver slides on ice during a Texas winter storm and hits your car, their insurance is responsible for the cost of your repairs. You can file a claim directly with their insurance company, and your own insurance company may not need to be involved at all. In this scenario, your deductible should not apply, because you are not using your own coverage.
What Happens If Fault Isn’t Clear?
Sometimes, it isn’t immediately clear who caused the accident, or multiple parties may share responsibility, such as in chain-reaction pileups on icy Texas roads. In these cases, you may choose—or be required—to have your own insurance company cover your vehicle using collision coverage.
When you use your own collision coverage, you typically pay your deductible upfront. For example, if you have a $500 deductible, you may need to pay that amount before your insurance starts the repair process. Once fault is determined, your insurance company can pursue subrogation—a process where your insurer seeks reimbursement from the at-fault driver’s insurance company. If successful, your deductible will be refunded.
This is especially important during winter storms, when determining fault can take longer due to icy roads, poor visibility, and multiple vehicles sliding into each other. The at-fault driver’s insurance may initially dispute responsibility, so using your own insurance to get your vehicle repaired quickly is often the practical choice.
Key Points to Remember
If the other driver is clearly at fault, you should not pay a deductible.
If fault is uncertain or disputed, you may pay your collision deductible, which could be reimbursed later through subrogation.
Document the accident thoroughly: photos of the scene, witness statements, and police reports are critical to establishing fault.
In multi-car pileups during Texas winter storms, gathering evidence quickly can help ensure your deductible is refunded and that your repairs are covered in a timely manner.
Why Talking to an Attorney Can Help
Even when it seems straightforward, insurance companies may try to delay or minimize payments, especially during winter storms when accidents are more frequent. Consulting a personal injury or property damage attorney can help:
Ensure your claim is filed correctly.
Protect your right to get your deductible refunded.
Make sure you receive full compensation for your vehicle repairs and injuries.
