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.
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.
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.
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.
In North Carolina, you can recover your collision deductible if the other driver is legally at fault. The usual path is subrogation: your insurer seeks repayment and then refunds your deductible, sometimes proportionally. If the other insurer refuses, you may sue the at-fault driver, typically in Small Claims Court. Act within the three-year deadline for property-damage claims, and request in writing that your insurer include your deductible in any recovery.
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.
