I backed into a vehicle leaving a small dent. Going through insurance, and NOT fixing my vehicle, will I pay a deductible with my insurance company?

Asked on June 27, 2009 under Accident Law, California

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although I do not practice law in the State of California, the general rule is that a deductible only applies if you make a claim with your insurance policy.  For example, let's say hypothetically that your car requires $5,000 to be fixed, but you have a $1,000 deductible. Obviously you would pay the first $1,000 and your insurance company would pay the remaining $4,000.  But, using that same hypothetical, if you did not attempt to fix your vehicle, you would require $0 to fix your car, rather than $5,000, and therefore the $1,000 deductible would not apply.  In light of this example, and given your specific question, it is not clear to me how you would be both "going through insurance" AND "not fixing your vehicle."  Usually, one would only go through their insurance if they were planning on fixing their vehicle.  Therefore, it is unclear what role you are anticipating your insurance company to play if you do not plan on making a claim.


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