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Two ways to get your car repaired
After a crash you did not cause, you can go to the other driver’s insurance company or to your own. The other driver’s property damage liability coverage pays for your car if their insurer accepts that its customer caused the crash. Your deductible is part of your own policy, so it does not come into play on that claim. You deal with their adjuster directly.
The catch is time. The other insurer may take weeks to investigate fault, and it may argue you share some of the blame. Using your own collision coverage is often faster, but then the deductible in your policy applies before your insurer pays the rest. Before you choose, tell your own insurer about the crash; see should you call your own insurance.
Getting your deductible back
When your insurer pays for a crash someone else caused, it usually tries to collect what it paid from the at-fault driver’s insurer. This is often called subrogation. If it succeeds, many insurers send the policyholder the deductible back, in full or in part. Ask your adjuster in writing whether they are pursuing recovery and whether your deductible is included in what they are seeking.
Fault matters here. California uses pure comparative fault, so if you are found partly at fault, what you recover is reduced by your share but not wiped out (Li v. Yellow Cab Co.). In practice that can mean you get back only part of your deductible. Read more in recovering when you were partly at fault.
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When the other driver’s coverage runs short
For policies issued or renewed on or after January 1, 2025, California’s minimum property damage coverage is $15,000 (Vehicle Code 16056). If your car is newer or the damage is heavy, that may not cover it. Any gap may have to come from your own collision coverage, which brings the deductible back into the picture, or from the at-fault driver personally. A totaled car raises its own questions.
If the other driver had no insurance at all, the uninsured motorist coverage California policies must include is bodily injury coverage (Insurance Code 11580.2). Damage to your car usually runs through your collision coverage or other property coverage you bought. Whether any deductible is waived depends on the policy, and a lawyer can check. See car totaled when the accident was not your fault.
If you were hurt too
The deductible question is about the car. If you were hurt, your injury claim is separate and usually deserves far more attention. Medical bills, lost income and pain go into that claim, and they are paid from the at-fault driver’s bodily injury coverage, a different part of the policy. Do not let a quick check for the car push you into signing a broad release that also covers your injuries.
Deadline: California generally allows three years to sue for damage to a car (Code of Civil Procedure 338(c)(1)) and two years to sue for personal injury (Code of Civil Procedure 335.1). In Washington, the general deadline for an injury suit after a crash is three years (RCW 4.16.080). Insurance claims should start long before any of these dates, while the evidence is fresh.
What to do now
Get a written repair estimate and photograph the damage before repairs. Report the crash to your own insurer and get claim numbers from both companies. Keep receipts for towing, rental cars and rides. If you pay a deductible, keep proof of payment so you can ask for it back later. Write down the name of every adjuster you speak with.
Before you sign anything from either insurer, read whether it releases only property damage or every claim, injuries included. Do not give a recorded statement about injuries before you talk to a lawyer. Call Beverly Law at (310) 552-6959 or use the form on this page. We can sort out the car claim and the injury claim together.
- Get medical care and follow up if symptoms change.
- Take photos of the vehicles, the scene and your injuries.
- Write down witness names and phone numbers.
- Keep every claim number and adjuster name in one place.
- Do not sign a release or give a recorded statement before talking to a lawyer.
- Save receipts for medical care, medicine, rides and car rentals.
Common questions
Who pays my deductible if the other driver was at fault?
If the at-fault driver’s insurer pays your repairs directly, you usually have no deductible to pay. If your own insurer pays first, you pay the deductible, and your insurer may try to recover it from the other insurer and pass some or all of it back to you.
How long does it take to get my deductible back?
It depends on how fast the two insurers resolve fault. Some recoveries take a few weeks; disputed ones can take many months. Ask your adjuster for updates in writing, and keep your proof of payment. If fault is split between the drivers, you may get back only part of it.
Can I sue the other driver for my deductible?
You can make the deductible part of your property damage claim against the at-fault driver. Small amounts are often handled through the insurers or in small claims court. In California, a property damage lawsuit generally must be filed within three years of the crash.
Should I use my collision coverage or wait for the other insurer?
If you need your car quickly, your collision coverage is often faster, but you pay the deductible up front. Waiting for the other insurer can avoid the deductible if they accept fault. Your choice may also affect rental car coverage, so ask both adjusters before you decide.
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If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Car accident not my fault: what to do · Car accident not my fault: do I call my insurance? · Will my insurance rates go up if I wasn’t at fault? · What to do after a car accident in California · What to do after a minor car accident · All car and truck accident questions
Sources
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, 828-829; CACI No. 405
- Cal. Veh. Code § 16056(a)(2), (d) (as amended by SB 1107, Stats. 2022, ch. 719); Cal. Ins. Code § 11580.1(b)(1)
- Cal. Ins. Code § 11580.2(a)(1)-(3), (b)(1)-(2), (f)
- Cal. Code Civ. Proc. § 338(c)(1)
- Cal. Code Civ. Proc. § 335.1
- RCW 4.16.080(2)
Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.