auto accident, who pays the deductible?

[scott13]

What is the name of your state (only U.S. law)? Oregon

My wife was rear ended earlier today and we were questioning if we have to pay our deductible for the repair, or is the other driver responsible for paying for all the damages to our vehicle?

 

[wyett717]

Generally the at-fault driver's insurance will pay your deductible, assuming they have insurance. Has his/her insurance company contacted you yet?

This same thing happened to me recently, and I didn't have to file a claim with my insurance at all. I was discouraged from doing so as to keep my record with them clean.

 

[ecmst12]

If you go through your own insurance, you pay the deductible up front, but after the claim is settled they will pursue the other person's insurance and get it back for you. It will not affect your "record" with your insurance company - they're going to find out about the accident whether you claim it with them or not, but you're not at fault, so it won't significantly affect your standing.

If you go directly through the at fault person's insurance, you will not have to put out your deductible, but you will have to wait for them to investigate. Sometimes this can be done quickly and other times it takes a while.