Do I Pay A Deductible If I'm Not At Fault

Do I Pay A Deductible If I’m Not At Fault?

If you’re in a car accident in North Carolina, you may have to pay a deductible, even if the accident is not your fault. The primary reason for this is that the other driver’s insurance company will want time to investigate the claim, and you simply want to get your car fixed. Therefore, the quickest option for you is to put in a claim through your insurance company to have the car repaired without waiting. As a result, you pay the deductible associated with your policy.

Getting Reimbursed For Your Deductible

While you may pay a deductible if you’re not at fault, there’s a chance you will be reimbursed. After your insurance company repairs your vehicle and you pay your deductible, you can expect your insurance company to pursue reimbursement. Your insurance company will be reimbursed by the at fault driver’s insurance. Lastly, your insurance company should reimburse your deductible to you when they get paid. It is noteworthy that if you wait until the at fault driver’s insurance completes their investigation, you could be without a vehicle for several weeks. As a result, most drivers choose to move forward with a claim against their own insurance.

Why Does The Claim Need To Be Investigated?

We recently wrote an article about why an insurance company is investigating your claim. First, the insurance company has  duty to their driver to make sure you were not at fault. Second, in North Carolina, Contributory Negligence can prevent recovery.  This means, the insurance company is investigating whether you contributed to the accident. Lastly, the insurance company takes a statement from their driver regarding what happened. If the police report is inconclusive, and if each driver tells a different story, you may be in for a fight. It’s a good time to consider hiring a North Carolina personal injury lawyer.

Is My Personal Injury Claim Handled By My Car Insurance Company?

No. Your personal injury claim is a claim against the other driver. Therefore, their insurance company will be pursued by your injury attorney, if you choose to hire one. Consequently, you can expect an investigation much like the one mentioned above. As a result, you the other driver’s insurance company may want to take your statement. We highly recommend against giving a statement to the insurance company. First, everything you say will be recorded (and used against you). Second, the insurance company will not share their driver’s statement regarding the accident, so why should you give a statement? Lastly, if a lawsuit is filed, both drivers will give testimony by way of a deposition. Until then, negotiations can move forward without statements being given. Additionally, if you’ve been in a slip and fall or a grocery store slip and fall, it’s even more important not to give a statement.

Do I Have To Pay My Personal Injury Lawyer?

Our firm is like most personal injury law firms. We work on your case for free. If we are unable to get a settlement for you, you owe us nothing. Likewise, if we do reach a settlement, you owe us a fee. Our standard fee is one third (33%) of your settlement or jury verdict. If you’d like to discuss working with a personal injury lawyer, please call us at 704.749.7747. You can also simply click for a FREE CASE EVALUATION and you will speak with a lawyer today. You can also read more at the car insurance claims FAQ by dmv.org.