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You do not have to pay the deductible if the other person's insurance is paying the claim. If you put the claim through your insurance, and do not have uninsured, underinsured motorist protection then you will have to pay the deductible regardless of who's At Fault.

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โˆ™ 2015-07-16 18:27:13
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Q: If you are not at fault and the police report and witnesses prove this do you still pay your deductible?
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Related Questions

If a police report says its your fault for a car accident and you know its not.?

You should find evidence or witnesses from the accident to give proof (testify) that the accident was not your fault. You could also go to court...

Can an insurance company decide who is at fault when a police report has been filed?

An insurance company can assign fault regardless if a police report is filed or not. A police report is simply a report made by a neutral party at an accident scene. I believe there have been cases where insurance companies have assigned fault to one party when the opposing party was initially named at fault in a report.

How do you appeal a police accident report that said you were at fault even though you were DEFINITELY not?

Your insurance company is going to review the police report, your statements, and the statements of witnesses and the other party. After they review that they will make a determination of fault and decide to accept liability or not on your behalf. If you think that you were not at fault in the accident make sure that you file a claim against the other persons insurance.

Who is at fault without a police report?

A police report does not define who is at fault. That requires some investigation by either the insurance company or the police themselves; however, unless you make a claim or a report, neither will investigate and the accident will not officially have happened.

What should you do if you are not at fault but somehow the police accident report said that you were?

not final, you can contest the police�s report by hiring independent investigators. But, if the police say you were at fault you probably were according to the traffice rules and regulations.

On the police report is it the first vehicle listed the one that is at fault?

Believe it or not, police do not determine who is at fault the insurance companies involved do. They use information given to them from the police department, such as violations or speed information, but the police can not determine fault or liability. Order of listing vehicles on the report has no determination of anything

If you had an accident and it wasnt your fault does it go in your driving record?

If the police came out and made a report of it then it will be on your driving record. It will be a not-at-fault accident but it will still be on your driving record. If the police did not come out but your insurance knows about it then it will be on your CLUE report and be a not-at-fault accident.

Who determines a fault in a parking lot case if the police did not assign the fault?

Police don't always determine the fault especially the private property incidents. What the police report usually does is tell the facts of what happened and what any witnesses say they saw as well so in situations where no tickets are issued or cause of fault is listed the insurance companies will get together and determine the fault. Sometimes when two cars back into each other there may just be levels of fault whereby each party may be partly at fault which never benefits anybody.

If you live in Louisiana on the police accident report is driver 1 or driver 2 typically at fault?

The police arbitrarily chooses which car is considered Driver one and Driver two. You have to read the report to determine who is at fault.

Who pays the deductible when the other person is at fault?

There is not deductible with liability insurance coverage. Liability pays the party who is not fault for their damages without a deductible. If you were at fault collision would pay for damages to your vehicle but you will have a deductible of whatever you selected when you purchased the insurance policy.

Who determines fault in auto accident?

Insurance companies determine fault by looking at police reports, taking statements from the parties involved and witnesses, and looking at the vehicles.

If you are at fault in an auto accident do you have to pay the other persons deductible?

No, you have to pay your deductible.

How to you deal with the deductible when you are fault free?

not sure what 'deal with '' means, you chose your deductible when you buy the policy (higher the deductible lower the premium on coll and comp)..if your collision or comprehensive coverage are used (regardless of fault) then your deductible will apply.........

Are we liable for the auto deductible when we were hit from behind and the other driver left the scene of the accident. We have the police report stating this to be true.?

It depends on the state you live in but as far as I know if you are involved in a hit and run and you are NOT AT FAULT, the insurance will more than likely waive the deductible. Make sure you have a "COLLISION DEDUCTIBLE WAIVER" clause somewhere listed on your policy, usually it's included with full coverage policies.

Will insurance pay if you do not have a police report?

Police reports are not necessary, insurance companies can recreate the occurrence from the damage on the vehicle and determine who is at fault.

My car was hit but no police report was made who should be liable?

The person who hit you if it wasn't your fault.

Who is at fault when you are parking and someone backing out of their space hits you?

Whoever the police report charges with the accident.

Can you report an accident two weeks later and if you do how do you determine who is at fault?

If you choose not to have the car examined by police at the TIME of incident, it makes it VERY difficult to determine who is at fault, and you may risk paying deductibles. It is VERY important to ALWAYS call police after an accident - no matter how small the damage seems. This way ALL facts relating to the incident are reported, third party is interviewed (possibly charged) and any witnesses can give statement. Did you have any eye-witnesses? Surveillance?

Can you make a claim against an at fault driver without a police report?

yes, but it speeds up the claims process if there was a police report. The claims adjusters for both of your insurance companies will investigate.

Can you still go through insurance with no police report?

This is up to your insurance company. Why would you not have a police report anyway? The purpose of a police report is to get statements from all parties involved at the time of the accident before they have time to change their stories and make up facts. The police officer reports the statements and lists his/her observations and evidence at the scene to determine who is at fault in the accident or incident. Sometimes an insurance company will not require a police report in cases such as an animal collision or glass claim where it wouldn't really make any difference to have a report because there is no real fault to determine. Most of the time a police report is required and necessary.


The car drectly behind you who hit you. The police report will assign fault. If you are not at fault, the person who is will be responsible for the damage. Get a copy of the police report from the investigating agency and give it to your insurance agent. Thay should take it from there.

Do you have to pay your deductible if the accident was the other drivers fault?

The other driver should be paying if they were at fault; you may sue them for your deductible in small claims court if they had no insurance.

Who is at fault if you back out of your driveway and into another car backing out of their driveway?

Both are equally at fault and you may both have to use your own insurance to pay the damage. If a police report was filed, then the police will determine the % of fault to each person. CORRECTION - Your INSURANCE COMPANY will determine the fault - not the police. Yes, it may be a 50/50 situation, unless one party admits 100% fault.

What happens if you are in a car accident and you have insurance but the person who causes accident does not have insurance?

My plan was denied and it was not my fault it was the other drivers fault because police and show up to make a police report it is really his mind

If you are backing out of a parking spot and another person cuts in behind you to get into a parking space who is at fault if you back into them?

If you are both moving, the one at fault is whoever the police officer says is at fault on the accident report. That's all I can tell you with this information. I hope you called the police. They will say you backed into them and you will say they ran into you. Without a police report faulting one of you, the insurance company will say both are 50% at fault which means each pays for their own damage.