Do I pay my deductible if the accident wasn't my fault?
No — if you file a third-party claim against the at-fault driver's insurance company, there is no deductible. Deductibles only apply to your own policy. If you use your own collision coverage instead, you pay the deductible up front and your insurer pursues the at-fault carrier to recover it for you.
How deductibles work when the other driver caused the accident
Why is there no deductible on a third-party claim?
A deductible is the portion of a claim you agreed to pay under your own policy. When you file directly against the at-fault driver's liability coverage — called a third-party claim — you are not using your own policy at all, so no deductible applies. The at-fault carrier pays 100% of the approved repair cost once its insured's fault is established.
What happens if I use my own collision coverage instead?
Many not-at-fault drivers still claim through their own collision coverage because it is faster: your insurer approves the repair without waiting for the other carrier to accept fault. You pay your deductible up front, and your insurer then pursues subrogation — the process of recovering the payout, including your deductible, from the at-fault driver's insurer. When subrogation succeeds, your deductible is refunded.
Which route should I choose?
If fault is clear and the other carrier accepts it quickly, a third-party claim avoids the deductible entirely. If fault is disputed or the other carrier is slow, going through your own collision coverage gets the car repaired now, with the deductible refunded later through subrogation. If the at-fault driver is uninsured, uninsured motorist property damage (UMPD) coverage typically carries a $500 deductible in California.
Can I still choose my own body shop on a third-party claim?
Yes. California Insurance Code section 758.5 protects your right to choose any licensed body shop whether the claim is first-party or third-party. Bring your claim number to All Auto Repair at 628 Grand Ave, Spring Valley. We contact the adjuster — yours or theirs — submit documentation, and handle supplements the same way on either type of claim.
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"Sam and his team did an amazing job on my truck after a fender bender. The paint match was perfect and they handled the whole insurance claim for me. Honest pricing, quality work."
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"Been bringing my cars here for 12 years. Sam tells you what actually needs fixing and what doesn't. You can't put a price on that kind of trust."
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Mechanical · El Cajon
Common questions
Typically 2 to 6 months, though it varies with how quickly the at-fault carrier accepts liability. Your insurer recovers its payout and your deductible together and refunds your share when the recovery settles. If fault was clearly the other driver's, recovery is usually full; if fault is shared, California's comparative negligence rules can reduce the refund proportionally.
If you carry uninsured motorist property damage (UMPD) or collision coverage, your own policy pays for the repair. UMPD in California typically carries a $500 deductible and a $3,500 limit unless you also have collision coverage. Without either coverage, your remaining option is pursuing the driver directly, such as through small claims court. We can document the damage for that process.
You have two levers. First, switch to your own collision coverage and let your insurer fight the subrogation battle — this is often the fastest fix. Second, the California Department of Insurance takes complaints about unreasonable claim delays at 800-927-4357. Third-party claimants have fewer regulatory protections than policyholders, which is why the switch is often the practical answer.
California Insurance Code section 1861.02 restricts insurers from raising rates for accidents where you were not principally at fault. Your rate should not increase because someone hit you and their carrier — or your own, through subrogation — paid the claim. If it does, that is worth a call to the CDI consumer line.
All Auto Repair is at 628 Grand Ave, Spring Valley, CA 91977 — Mon–Fri 8:00 AM – 5:00 PM, Saturday by appointment.
Licensed by the California Bureau of Automotive Repair — continuously since 1989.
Free written estimates in about 30 minutes, no appointment needed.
All major insurance accepted.
Content reviewed September 2026 by the All Auto Repair team.
Not your fault? We handle the claim either way.
Bring your claim number to 628 Grand Ave. We work with the at-fault carrier or yours. 628 Grand Ave, Spring Valley, CA 91977.