Following a car accident in Texas, you may have to pay an out-of-pocket deductible to get your vehicle repaired. The process of getting this money back, known as deductible recovery, depends on who was at fault for the incident and your insurance coverage. Understanding the steps involved can help you manage the financial aftermath of a collision.
What is an Auto Insurance Deductible in Texas?
An auto insurance deductible is the amount you are responsible for paying toward repairs before your insurance coverage begins to pay. For example, if your car sustains $3,000 in damage and you have a $500 deductible, you would pay the first $500, and your insurer would cover the remaining $2,500.
In Texas, the deductible amount is chosen by the policyholder when they purchase their insurance plan, with common amounts ranging from $250 to $1,000 or more. Agreeing to take on a larger deductible can often lower your overall insurance costs.
Qualifying for Deductible Recovery in Texas
Your ability to recover your deductible hinges on who was responsible for the accident. Texas operates under a modified comparative fault rule, detailed in the Texas Civil Practice and Remedies Code. This rule, often called the “51% bar,” states that you can only recover damages if you are 50% or less at fault for the collision.1Texas Legislature. Civil Practice and Remedies Code Chapter 33. Proportionate Responsibility
If you are found to be 51% or more responsible, you are barred from recovering any money from the other party, including your deductible. If you are partially at fault, but less than 51%, your recovery will be reduced by your percentage of fault. For instance, if you incurred a $1,000 deductible but were 20% at fault, you could only recover 80% of your deductible, which amounts to $800.
Methods of Recovering Your Deductible
One common method for recovering your deductible is through subrogation. Your insurance company will pay for your vehicle’s repairs, minus your deductible, and then pursue the at-fault driver’s insurance company for reimbursement. If this effort is successful, your insurer will also recover your deductible and refund it to you.
Another approach is to file a third-party claim directly with the at-fault driver’s insurance company. This allows you to seek compensation for all your damages, including the full cost of repairs, from the responsible party’s insurer. This method avoids paying your deductible upfront but can take longer to resolve.
If the at-fault driver is uninsured or lacks sufficient coverage, you can use your Uninsured/Underinsured Motorist (UM/UIM) property damage coverage. This coverage has its own deductible, often a standard $250 in Texas, and can help pay for your repairs.2Texas Legislature. Insurance Code Chapter 1952. Policy Provisions and Forms For Automobile Insurance
Essential Information for Your Recovery Claim
To recover your deductible, you must gather documents and information to build a strong claim. Insurance adjusters use this information to review your case. You will need:
- The Texas Peace Officer’s Crash Report (Form CR-3), which provides an official account of the accident and an initial assessment of fault.3FindLaw. Texas Transportation Code – TRANSP § 550.062. Officer’s Collision Report
- Detailed photographic or video evidence of the accident scene, vehicle positions, and damage to all cars involved.
- Copies of repair estimates from body shops, the final invoice, and a receipt showing you paid your deductible.
- The other driver’s name, contact information, and insurance details.
Pursuing Your Deductible Reimbursement
Once you have your documentation, the next step is to formally initiate the claim. If your insurer is handling recovery through subrogation, your claims adjuster will manage the process and present the evidence to the other insurer.
If you are filing a direct claim with the at-fault party’s insurer, you will contact their claims department to start the process. You will submit your documentation to their assigned adjuster for investigation. After submission, the adjuster will review the materials and communicate a decision, which can take several weeks. Be prepared for potential negotiations if there are disputes over fault or the cost of repairs.