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Accident not responsible: what deductible?

In auto insurance, the concept of liability is essential in determining the compensation due to the drivers involved. In fact, the motorist will not obtain the same coverage from his insurance whether he is responsible or not: the deductible can be his responsibility, shared or covered at 100%.

So, what impact does the non-at-fault accident have on your auto insurance deductible? Who should pay it? In a non-responsible accident, deductible or not always? Here is our lighting.
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Summary

    What is a non-at-fault accident?
    How is liability determined?
    Who pays the deductible in the event of an accident not at fault?
    Deductible and non-responsible accident: two specific cases
    How to obtain reimbursement of the deductible for a non-responsible accident?
    Faq

What is a non-at-fault accident?

The role of auto insurance is to compensate victims of a loss, whether the damage is property or bodily injury. In the event of an accident, your insurer will determine the responsibilities of each of the drivers involved.

There are three levels of responsibility:

    Responsible: we also talk about a 100% responsible accident. In this case, it is your insurer alone who will cover the damage resulting from the incident, according to the terms of your contract,
    Partially responsible: the fault can be shared, we speak of a 50/50 accident. Your insurer and that of the other driver then intervene.
    Not responsible: all responsibility rests with the other driver. You will be compensated by your insurer who will then claim against the insurer of the person responsible. It could range from a small crash damaging the body of your car to a more serious bodily accident. For example: the door of your car parked in the parking lot is broken in, you get hit by a car that has burned a red light, etc.

Why is this notion of responsibility important? Because the support of your insurance will depend on your degree of responsibility. The deductible and your bonus-penalty coefficient can also be affected.
How is liability determined?

To determine your level of liability, your insurer and that of the other driver will use:

    The amicable report established between the different parts of the accident,
    A potential expert report: an expert is often appointed by the insurer when the damage suffered exceeds a certain threshold,
    The scale of IRSA and IDA agreements (liability determination agreement to which many insurance companies adhere)

If your insurer's compensation proposal does not seem fair to you, you can always challenge it by mail, stating your reasons.
Who pays the deductible in the event of an accident not at fault?

Depending on your degree of liability and the type of loss, you may have to pay your insurance deductible. But in a non-at-fault accident, who pays the excess if you don't know who the other driver is? Let's take a look at the different scenarios.
Non-responsible accident with an identified third party

When the driver responsible for the accident is known, your insurance will compensate you in full according to the terms of your contract. In other words, no deductible will be applied to you.

However, if it is theft or vandalism, the compensation owed to you may be reduced even if you are not responsible, if your contract provides for a deductible. We invite you to consult the general conditions for the terms that apply.

If the driver at fault is known, but the responsibility is shared, you will probably have to pay a certain percentage of the deductible under your coverage.
Accident not at fault with an unidentified third party

You were not responsible for the accident, but the driver involved escaped? Or were you not there when the incident happened? This is then referred to as an unidentified third party. In this case, two possibilities:

    Your insurer will compensate you if you have taken out the all-risk formula. You still have to assume the payment of the deductible.
    You will not be compensated by your insurance if you have opted for “third party” coverage. Indeed, despite your status as a non-responsible victim, your insurance will not come into play: it is the Guarantee Fund for Compulsory Damage Insurance (FGAO) that can compensate you.

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