Short Answer

Yes. In North Carolina, you can usually recover your collision deductible from the at-fault driver’s insurer or through your own insurer’s subrogation recovery. If liability is disputed, reimbursement often waits until insurers resolve fault or a court decides it. North Carolina’s contributory negligence rule can bar recovery if your driver is even slightly at fault, but a minor’s role is assessed under special standards.

Understanding the Problem

The question is whether, in North Carolina, a parent can get back the collision deductible after using their own policy for vehicle repairs when another driver caused the crash. You are the vehicle owner and policyholder; your minor daughter was driving; you paid a deductible because the other insurer has not accepted liability. You want to know if and how that out-of-pocket deductible can be reimbursed.

Apply the Law

Under North Carolina law, the at-fault driver is responsible for property damage, including your deductible. When you repair your car under your own collision coverage, your insurer may seek repayment from the at-fault insurer through subrogation. When money is recovered, your insurer typically reimburses your deductible, sometimes in proportion to the recovery. North Carolina follows contributory negligence, so any proven fault by your driver can defeat recovery; for minors, capacity for negligence depends on age and circumstances. The main forums are third-party insurance claims and, if needed, Small Claims Court in the county where the crash occurred. The general deadline to bring a property-damage claim is three years from the crash.

Key Requirements

• Fault by the other driver: You must show the other driver’s negligence caused the damage (for example, rolling a stop sign).
• No contributory negligence by your driver: Any fault by your driver can bar recovery; minors are judged by age-appropriate standards.
• Documented loss and payment: Repair invoices and proof you paid the deductible support reimbursement.
• Subrogation or direct claim: Your insurer can pursue the at-fault insurer and then refund your deductible, or you can claim the deductible directly from the other insurer or driver.
• Timely action: File insurance claims promptly and bring any court claim within the three-year statute of limitations.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limitations) - General three-year deadline for property-damage claims.
• North Carolina Gen. Stat. § 1-17 (Disabilities) - Tolling of certain claims for minors (applies to the child’s claims, not the parent’s property claim).
• North Carolina Gen. Stat. § 58-63-15(11) (Unfair claim settlement) - Prohibits unfair claim practices by insurers handling claims.
• North Carolina Gen. Stat. § 20-279.21 (Auto liability coverage) - Sets required liability coverage that pays for property damage caused by insured drivers.

Analysis

Apply the Rule to the Facts: The other driver rolled a stop sign, which points to negligence, so the at-fault insurer would ultimately owe your property damage, including the deductible. Because that insurer has not accepted liability yet, using your collision coverage and paying a deductible was reasonable. Your insurer can now pursue subrogation; if it recovers from the other insurer, you should receive your deductible back (sometimes proportionally if fault is split). Since your daughter is a minor, contributory negligence is assessed differently, which may help defeat a blame-shifting defense.

Process & Timing

1. Who files: You (policyholder/vehicle owner). Where: First, with the at-fault insurer (third-party property-damage claim) and with your own insurer (collision claim). What: Provide repair estimates/invoices and proof of your deductible payment. When: As soon as possible after the crash; keep all records.
2. Subrogation and reimbursement: Ask your insurer in writing to pursue subrogation and to refund your deductible upon recovery. This process can take weeks to months depending on the liability investigation and any inter-company arbitration.
3. If no reimbursement: Consider a Small Claims Court action against the at-fault driver for your out-of-pocket deductible. Where: Small Claims (Magistrate) Court via the Clerk of Superior Court in the crash county. What: Small Claims Complaint forms available from the N.C. Judicial Branch or your county clerk. When: File within the three-year statute of limitations.

Exceptions & Pitfalls

• Contributory negligence: Any proven fault by your driver can bar recovery; for minors, capacity for negligence is judged by age and circumstances.
• Police report vs. civil fault: A “no citation” report does not decide civil liability; insurers and courts make independent determinations.
• Pro-rata reimbursement: If insurers agree on split fault (e.g., 80/20), your deductible refund may be proportional to the recovery.
• Releases: Do not sign a global property-damage release that waives injury claims unless you intend to resolve those too.
• Medical coverage mismatch: Your collision deductible is separate from medical bills; optional MedPay may help with ER/chiropractic charges regardless of fault.

Talk to a Personal Injury Attorney

If you’re dealing with a denied or delayed deductible reimbursement after a North Carolina crash, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.