If you were involved in a recent car accident and had to tap into your own insurance for coverage, meeting the deductible can be frustrating—especially if the accident was not your fault. You may wonder whether you can change your deductible after a car accident. You cannot lower or increase your deductible for the accident that already happened. You could, however, change your deductible for future accidents.
Your deductible and any optional coverage included in your policy are always your decision to make. You need to understand the purpose of auto insurance deductibles, and what you should consider when choosing yours. A car accident lawyer can help you understand your options for current and future claims. Most will review your current accident claim at no cost to you.
How Insurance Deductibles Work for Car Accidents in Florida
Your deductible is the amount you must pay before your insurance company covers the remainder of the costs of your claim. When you purchase auto insurance, you can choose the amount of your deductible. The higher your deductible, the lower your monthly premium (payment) will be.
The types of insurance policies that typically require you to pay a deductible include:
- Collision coverage: Coverage for striking anything other than another vehicle, e.g., a wall, guard rail, pole, etc.
- Comprehensive coverage: Coverage for anything other than a collision, e.g., natural disaster, vandalism, theft, etc.
- Uninsured and underinsured motorist coverage: Coverage for a hit-and-run accident or an accident with a driver who had no insurance or not enough insurance
- Personal injury protection (PIP) coverage: Coverage for the immediate expenses of an accident, including medical bills and lost wages
In some cases, your insurance carrier will take your deductible from any compensation you receive versus your having to make a direct payment. Knowing when and how you will need to pay the deductible after a car accident is an important part of a claim, so read this portion of your policy carefully.
What You Need to Know About Who Pays the Deductible in a Car Insurance Claim
If another driver’s negligence causes a car accident, you should be able to rely on their insurance company to compensate you. Unfortunately, this is not always the case. You might have to tap into your own insurance coverage if:
- Your accident case was a hit and run.
- The at-fault driver was uninsured.
- The at-fault driver was underinsured.
In all of these cases, you will be expected to pay your own insurance deductible. In some cases, you might be able to recoup your deductible through a process called subrogation. According to Investopedia, subrogation allows your insurance company to pursue its losses from a third party.
Your Auto Insurance Premium Could Go Up After a Car Accident
According to Insurance Information Institute (III) research, your driving record is one of the factors that goes into defining your insurance rate and premium. Car accidents caused by other drivers could also lead to an increase in your premiums. Filing a claim could increase your premium, particularly claims where you were at fault, including:
- Moving violations
- Driving while intoxicated
- Worsening driving history
Opting for a higher deductible could make a rise in your insurance rate easier to manage. How much insurance you should buy and what size deduction you should choose is a complicated matter. A car accident lawyer or insurance provider can help you make this important decision.
Strong Evidence Can Prove the Other Driver’s Negligence Caused the Accident
Filing an insurance claim means collecting evidence that proves your right to financial compensation. A comprehensive collection of evidence can include:
- Police reports that document the accident’s causes and contributing factors
- Medical records and bills that describe your injuries and their ongoing costs
- Photos and videos of the accident scene, both vehicles, and your injuries
- Statements from lay and expert witnesses and accident reconstruction specialists
- Employment records that document your lost wages and the time you missed from work
Some evidence can be collected right at the scene of the accident, including witness statements and photos. Other supporting evidence will be collected later—the sooner, the better.
You Likely Do Not Pay a Deductible if You Are Compensated by the At-Fault Driver
Any post-accident financial expenses and losses you experience should be the responsibility of the driver whose negligence caused your accident. The compensatory damages you can recover can include:
- Accident-related medical bills
- Accident-related lost wages
- Loss of future earning capacity
- Property damage or destruction
- Disfigurement and impairment
- Physical pain and suffering
- Mental and emotional distress
- Wrongful death damages, if applicable
An accidents attorney could guide you through the negotiation phase. This part of your claim can involve multiple rounds of offers and counteroffers before a settlement can be reached. They will not usurp your right to make the final decision to accept or reject an offer but can guide you toward making a well-informed one.
You Should File a Civil Lawsuit Even if You Anticipate an Insurance Settlement
You generally have two years to file a personal injury or wrongful death lawsuit, according to Florida Statutes § 95.11. The filing deadline is mandatory and missing it could jeopardize your legal ability to obtain compensation.
The insurance company will carefully monitor the statute of limitations. If it expires and you file your lawsuit late:
- The at-fault party’s representative could request its immediate dismissal.
- Their request is likely to be granted by the court.
- The insurance company could stop any attempts to negotiate a settlement.
- The accident’s financial consequences will fall onto your shoulders.
Exceptions to the filing deadline are possible if the injured party was a minor or if the at-fault party left the state.
Call (954) 633-8270 to Learn More About Deductibles After a Car Accident
After a collision where you use your own insurance, you may be asking if it’s possible to change your deductible amount after a car accident? At the Law Offices of Wolf & Pravato, our caring and attentive staff can answer any questions you have.
Find out how hard our accidents lawyers will work to help you achieve financial recovery. Contact our consultation team to get started today.
