Can an insurance company charge a deductible to the culprit? Understand!

Questions related to insurance are constant, from questions about terms used to rights and duties. In this article we will explain more about insurance charging the culprit's deductible. Follow and understand the subject.

It is very common situations where the insured is the victim of a traffic accident and ends up being forced to activate their own vehicle insurance to carry out the repair.

Sometimes because the person responsible for the car crash has no car insuranceothers because he simply refuses to take the blame.

In these cases, the insured, who is also the victim, is forced to pay the deductible for the car insurance company to carry out the repair and, in addition to this financial loss, they also end up losing a point in their bonus class.

This is definitely not a fair situation and it is common to have doubts about the possibility of the insurance company charging the culprit's deductible. But does the insurance company have this responsibility? Understand the subject better!

Is it possible to charge a deductible to the culprit?

Let's say you're in your car, stopped at a traffic light, and an unsuspecting driver hits your vehicle from behind.

You have insurance, but he doesn't, a common situation in Brazil, since around 80% of the circulating fleet does not have car insurance.

In the confusion, he runs away in an attempt to get rid of the cost of repairing his car, but you manage to write down his license plate number.

You are then forced to contact your vehicle insurance to have the car repaired and report the incident to the insurance company.

This, in turn, requires you to pay the insurance deductiblewhich is mandatory in these cases, even if you are the victim in the accident.

However, you were not responsible for the accident, so being forced to pay the deductible is not fair. Then, who should pay the deductible motorcycle or car insurance?

In these cases, it is possible to request a refund of the deductible. In other words, the owner of the insured vehicle can pay the deductible to be entitled to car insurance coverage and then look for the person who caused the accident and charge the culprit's deductible.

How do I charge the culprit's deductible?

In cases where the insured is the victim of an accident, he has the right to be reimbursed for the payment of the deductible that can and should be charged to the person responsible for the collision.

The first thing to be done by the insured is to look for the person who caused the accident, in order to reach an agreement and present to him the amount of the deductible for the accident. car insurance. Show him how car insurance works, in order to resolve doubts.

If he has any doubts, the best option is for the insured to present a copy of his insurance policy and receipts from the workshop.

If he refuses to pay the deductible value of the car insurancethe case will need to be forwarded to the insurance company, so that the insurance company, through its right of subrogation, will cover the amount before the courts, through the small claims court, proceeding with a process.

Furthermore, it is important to register the Police Report to protect your rights, in case of Traffic accident.

Please note that the tips here refer to contracts with insurance companies and not for vehicle protection companies, such as APVS Brazil.

How does the insurer's civil law charge the guilty party deductible work?

This right that guarantees that the insurer can charge the guilty party's deductible is described in the Brazilian civil code, in article 786, paragraphs 1 and 2.

Where, it is stated that when the insurance company pays the compensation for a loss, for which the insured person is not responsible, the loss may be charged to the culprit by the insurance company.

This right is described in the Brazilian Civil Code as called subrogation, which is nothing more than transferring the right to collect a debt to another person or institution.

In this case, the insurance company becomes responsible for charging the culprit for the loss caused by the accident.

And you, in turn, can charge the deductible value of the car insurance through a judicial process.

Can the insurance company charge the culprit for the loss of the accident?

Let's continue with the example given at the beginning of this article, the culprit hit your car and fled, you activated the insurance and paid the R$1,500 deductible when you took the vehicle to an accredited workshop to have it repaired.

The repairs to your car totaled R$7,500, meaning the insurance company's loss was R$6,000.

In this case, once the culprit has been contacted, the insurance company takes legal action against the culprit so that he can pay the R$ 6,000 that the company paid for the repair of his car.

In parallel, you can file a lawsuit in the small claims court in your city, charging the amount of R$1,500, referring to the deductible you paid, to repair the damage caused by an accident in which you were the victim.

Necessary care to collect deductible from the culprit

The first thing to be careful about in order to charge the culprit's deductible is to carry out the claim opening process correctly.

Many people in this situation lose the right to charge the deductible due to making simple mistakes when opening the claim.

Therefore, follow all the instructions given by your broker or insurance company and do not forget to provide any information relevant to the incident.

Each insurer will request certain data, so check with the MAPFRE Seguros, Pier Insurance, Tokio Marine insurance insurance, Allianz insurance, Azul Seguros, HDI Seguros, Suhai insurance company, Liberty Seguros, Youse, Porto Seguro insurance, among other insurance companies, what is needed.

After opening the claim and carrying out repairs on your vehicle, the next step is to provide two copies of receipts relating to the payment of the deductible and repairs.

Always make sure that the receipt dates and specifications of what is involved are clear.

Once this is done, both the victim and the culprit must sign both copies, each of which must remain with one of the parties.

So that problems do not arise in the future, such as undue charges.

It is also necessary to inform the person responsible for the accident that there is a possibility that the insurance company will charge him the amount corresponding to the difference in repairs made.

After all, payment of insurance deductibledoes not free the person causing the accident from bearing the losses caused by it.

Attention! The information here refers to insurance companies and not vehicle protection, such as APVS.

Furthermore, it is recommended to always register the Police Report as a way of protecting yourself, in case of Traffic accident.

The insurance company sued me, what should I do?

If you are responsible for an accident like the one mentioned in this article, the best way forward if you find out that the “insurance company sued me” is to contact the company and reach an agreement.

In some cases, it is more friendly that it is possible to pay the debt of the company in installments. insurance franchise.

I paid the deductible and the insurance company is charging me, what do I do?

If you are at fault for the accident, you paid the deductible for the car insurance of the victim and you were still surprised by the insurance company charging you, don't be alarmed.

It is your right and the simplest way is to assume this debt.

However, if you are unable to bear this loss, you can contest this charge in court, through small claims court.

However, it is worth mentioning that this can be a slow and very expensive process on the insurance excess of your contract.

As we saw in this article, yes, the insurance company can charge compensation from a third party for repairs carried out on the vehicle, and the insured party, as a victim, can also charge a deductible at fault.

Therefore, if someone hits your vehicle and you are forced to claim your insurance, don't worry.

Because, both you and the insurance company have the right to recover losses from the person responsible for the accident.

How can SUSEP help me?

SUSEP is the body responsible for supervising insurance throughout Brazil. Therefore, insurers must follow the standards imposed by this body, as well as be registered with it.

However, the fact that the insurance company is registered with SUSEP does not mean that it will provide 100% of its services. In other words, it is subject to some problem, especially with regard to the service provided to its customer.

However, as a way of guaranteeing support to the insured, they can count on the body to have their rights guaranteed. Therefore, check that the insurance company you contracted is listed as a “Supervised Entity”.

This shows that it operates with authorization from SUSEP, as is the case with Zurich Seguros, insurance Azul Seguros, Tokio Marine, Liberty Seguros, Allianz Seguros insurance, MAPFRE Seguros, Youse Seguros, HDI Seguros, among others.

This way, if any problem arises, you have someone to count on. So, if necessary, just contact SUSEP and inform them about the problem with the franchise. car insurance or motorcycle insurance.

Now you know about insurance franchise how it works and your rights and duties. If in doubt, consult your insurance broker.

How much is the car insurance deductible?

The value of the deductible varies greatly depending on the type of contract and insurance company. In other words, there are different claims in which you may pay a deductible when activating the insurance.

To find out the value of the deductible, simply check your contract and see what is stipulated there. Please be aware that prices vary, that is, the Blue insurance companyTokio Marine insurance, Liberty Seguros, Allianz Seguros, HDI Seguros, MAPFRE, Suhai, Youse, Pier Seguros, Porto Seguro insurance, among other insurance companies, can have very different values.

So, now you know how to act in case of car crash and car insurance deductible.

If you have any doubts, speak to your insurance broker. You can also contact the insurance company responsible for protecting your vehicle, whether in the case of car insurance or motorcycle insurance.

So, the insurance company will only charge the culprit for the cost of the repair and not reimburse the deductible that I, as the customer, paid?

Yes. The insurance company may reimburse the culprit for the amount it paid to repair your vehicle. However, the amount you paid as a deductible must be requested by you from the culprit.

This is a common practice among insurance companies, be it Azul Seguros, Liberty insurance, among others.

Therefore, if the person responsible for the accident did not want to pay the deductible and you were hoping to be reimbursed after paying this fee, you must go after him in order to get the money back. If he commits fraud, you can contact your attorney to file a small claims lawsuit against the person who caused the accident.

*Published in: 04/09/2019 and updated on 01/29/2023.