? Do you have to pay the excess if someone else caused the damage to your home, car, or roof?

You may feel small and confused when you see a dent, a broken window, or a wet spot on the ceiling. You may ask one big question: who pays the extra money that your insurance asks for? This article answers that question in simple steps. It shows what you should do right after damage. It explains when you pay the excess and when you get it back. It tells you how a public adjuster helps. It focuses on Florida rules and common cases. You can read this like a story. You can also follow it like a checklist.

Table of Contents

What does “excess” mean?

You see the word “excess” on your insurance papers. Your insurer uses this word to mean the amount you must pay before insurance pays the rest. Other people call this amount the “deductible.” You pay excess for each claim unless someone else must pay.

Your excess keeps insurance costs lower. You share some cost with the insurer. The insurer pays the big part. You pay the small part.

Why do people ask “Do I pay excess if not at fault?”

You think: I did not cause the crash. I did not break the pipe. Why should I pay? This question makes sense. You will want to know if you must spend your money now. You want to know if you can get that money back. You want a clear plan.

You will read plain answers here. You will learn what happens in different situations. You will learn what steps protect your money.

Short answer: sometimes you pay, sometimes you do not

If another person caused the damage and their insurer agrees to pay, you usually do not pay your excess. If the other side denies fault, if you use your own insurer first, or if the at-fault person has no insurance, you might pay the excess first. Your insurer may try to get that money back for you. That process is called subrogation. You can get your excess back after subrogation wins. You may need help to get that money back. You can call a public adjuster, like Otero Property Adjusting & Appraisals, to help.

Florida note: some rules are special

Florida uses special hurricane rules and special deductibles. Many Florida home policies use a hurricane deductible that is a percent of your house value. This deductible can be large. If a hurricane or named storm causes damage, you might pay a big percentage before the insurer pays. If a neighbor caused damage during a storm, you may still face that hurricane deductible. Keep that in mind.

If a car crash injures people, Florida has rules about personal injury protection. This article does not talk about health care or medical claims. This article talks about property damage and home damage claims.

Who pays the excess right away? Clear examples

Here are clear cases. Each case shows who pays now. Each case shows if you can get that money back later.

Table: who pays now and who can repay

Situation	Who pays right away?	Can you get the excess back?	Who helps you recover money?
Other driver accepts fault and their insurer pays	At-fault insurer pays; you do not pay excess	No excess to recover	Your insurer or public adjuster can confirm
Other driver denies fault or no agreement	You may pay excess to your insurer or repair shop	Yes, after subrogation if you win	Your insurer or public adjuster or lawyer
Third party uninsured	You may pay excess now	Possibly yes, if you sue and win	Public adjuster, lawyer
Shared fault (both partly at fault)	You may pay part of excess	You may recover part back	Public adjuster, insurer
Home damage from neighbor (liability clear)	Neighbor insurer should pay	No excess to recover in many cases	Public adjuster to confirm
Hurricane damage with hurricane deductible	You pay hurricane deductible amount	Not usually recoverable unless another party caused damage	Public adjuster for claims and higher payouts

This table shows common outcomes. You will find more detail in the next parts.

How insurance companies handle “not at fault” claims

You call the other person’s insurer or you call your own insurer. Either way, you will start a claim. The other insurer may accept liability. If they accept, they should pay for damage to your property. That payment usually covers repairs and parts. They should not ask you to pay your excess. The at-fault insurer pays the full bill to the repair shop.

If the at-fault insurer denies liability, your insurer may step in. Your insurer will fix your damage and pay for it, minus your excess. Your insurer will then try to get the money back from the at-fault insurer. Your insurer will ask the other insurer to pay and to return your excess. This step is called subrogation. You will often get your excess back if subrogation succeeds.

You must keep careful records. You must show proof. You must give your insurer the right papers. If you do not do this, you may lose the chance to recover your excess.

What is subrogation? Simple words

Your insurer pays your claim. The insurer then asks the at-fault insurer to repay them. Your insurer uses that right to get money from the person who caused the damage. This action is subrogation. You may get your excess back after subrogation. The insurer might return your excess to you only after they recover money from the at-fault insurer.

Subrogation can take time. It may take weeks or months. You may need to push for action. A public adjuster helps keep things moving.

Steps to take right after damage

You must act fast and act smart. These steps help your chance to avoid paying excess or to get it back.

Stay safe. Check you and your family. Call 911 if you need help.
Take photos and videos. You show the damage clearly. You show where it happened.
Get names and phone numbers. Ask for the other person’s name, phone number, and insurance details.
Call the police if it is needed. Ask for a police report number.
Contact your insurer to report the claim. Tell them the facts. Do not say you caused the damage.
Save receipts. Keep bills for any temporary fixes.
Do not sign away your rights. Read forms before you sign.
Call a public adjuster, like Otero Property Adjusting & Appraisals, if you need help. Otero offers free inspections in Florida.

Each step helps you protect your money. Each step makes recovery easier.

Evidence matters a lot

You will win subrogation if you can prove the other person caused the damage. You must show that they were at fault. Good evidence makes the case clear.

Evidence to collect:

Photos and videos of damage and the scene.
Names and contact details of witnesses.
Police report or incident number.
Repair estimates and receipts.
Your insurance policy and coverage details.
Any messages or emails from the other person.

Keep all evidence in one folder. You can use an app or a paper file. You will thank yourself later.

If you use your own insurer, expect to pay the excess first

You may need the house fixed fast. You may need the car repaired now. You may not want to wait for the other insurer. You call your insurer. They pay the repair shop. They subtract your excess. You will get urgent help. But you may need to wait to get the excess back.

Your insurer will try to subrogate. They will ask the at-fault insurer to pay. Your insurer will ask the at-fault insurer to cover the excess too. If the at-fault insurer refuses, your insurer may file a claim or a lawsuit against them. You may need to help with statements and proof.

A public adjuster can help with this. Otero Property Adjusting & Appraisals will handle paperwork. Otero will push for the excess recovery. Otero only charges when you win.

When you do not pay the excess right away

Sometimes the at-fault insurer pays the repair shop directly. Then you do not pay the excess at all. This outcome happens when the other insurer accepts quick liability.

If the other insurer makes a direct offer to pay you cash for repairs, read the offer. Make sure the money covers all repairs. If the offer does not match the real cost, do not accept. Ask for a full estimate or negotiation.

When you might not get the excess back

You will face trouble if:

The at-fault person has no insurance.
The at-fault insurer refuses to pay and wins disputes.
You share fault with the other person. Florida will reduce recovery by the percent you caused.
The damage comes from a named hurricane and your policy has a hurricane deductible that applies.
You miss deadlines for filing claims or for suing.

In these cases, you might not get the excess returned. You may have to pay part of it or all of it.

Shared fault in Florida

Florida uses comparative fault rules for property damage. If you share some blame, a judge or insurer may reduce the other person’s share. For example, if you are 20% at fault, you may recover only 80% of your damages. Your excess recovery will match your share.

You must document how the other person caused more harm. Get help from a public adjuster or lawyer. Otero can help you document damage and liability.

Home claims and hurricane deductibles in Florida

Many Florida home policies have a hurricane deductible. This deductible may be 2% to 10% of your home’s insured value. That number may be much higher than a flat dollar deductible.

Example:

Your dwelling limit: $200,000.
Hurricane deductible: 2% = $4,000.
If a hurricane damages your roof by $10,000, you pay $4,000 first. The insurer pays $6,000.

If the damage comes from a neighbor during a storm, you still face that hurricane deductible. You may try to recover the deductible from the neighbor or their insurer. You may need strong proof to show the neighbor’s action caused the damage. A public adjuster can save you money by proving cause and pushing for higher payouts.

Uninsured or underinsured at-fault party

If the at-fault person has no insurance, you may still get money. You may sue them. That path can take time. You may not win if the person has no money. Your own policy might cover uninsured losses if you bought that add-on. If you use your own policy, you may pay the excess first.

A public adjuster helps you collect evidence and present your case. Otero can advise on whether suing makes sense. Otero can also work with your insurer to seek recovery.

Repair shops and “you must pay” pressure

Repair shops sometimes tell you to pay the excess before they start work. This rule may apply if the shop does not want to wait for the at-fault insurer. The shop may call this a “shop order.” You can ask the shop to bill the at-fault insurer directly if the at-fault insurer accepts liability.

If you must pay, get a receipt. Keep it for subrogation. Ask the shop to hold off on major repairs until liability is clear if you can. You can also ask the shop to provide a written estimate and timeline.

Temporary and emergency repairs

You must act fast if you need to prevent more damage. You may fix a broken window or cover a hole in the roof. You may pay for tarps, boards, or emergency pumps. Save the receipts. These emergency costs are usually reimbursable by the insurer. The insurer may pay them even if fault is in question.

You do not need to wait for the other person’s insurer to pay for work that stops more damage. Still take photos and keep bills.

How a public adjuster helps you get your excess back

You can try to recover your excess alone. You can also hire a public adjuster. Public adjusters represent you, not the insurer. They read your policy. They inspect damage. They write the claim and the estimate. They push the other insurer to pay. They handle phone calls and calls for evidence.

Otero Property Adjusting & Appraisals works across Florida. Otero offers a free initial inspection of your property damage. Otero assesses the damage at no cost. Otero negotiates with insurers on your behalf. Otero only gets paid when you receive payment.

Otero helps when:

The other insurer denies fault.
The at-fault party has no insurance.
You face a large hurricane deductible.
You want a fair repair estimate.
You need help with subrogation.

A public adjuster makes the process easier. A skilled adjuster can recover your excess faster. The adjuster can also seek losses you may miss.

Contact Otero:
Otero Property Adjusting & Appraisals
3105 W Michigan Ave, Pensacola, FL 32526
(850) 285-0405
https://oteroadjusting.com/

You can call Otero for a free inspection. Otero answers questions and explains your policy.

Examples you can picture

Example 1: A tree from your neighbor falls on your roof.

You call your insurer. You call the neighbor. The neighbor’s insurer accepts fault.
The neighbor’s insurer hires a roofer. You do not pay the excess.
The roofer fixes the roof. You live in a dry house again.

Example 2: A delivery driver hits your fence and runs away.

You use your homeowner policy. You pay your excess.
Your insurer fixes the fence. Your insurer files a subrogation claim.
Your insurer finds the driver and recovers money. Your insurer refunds your excess.

Example 3: Hurricane blows shingles off your roof. A neighbor’s cheap fixture hits your roof.

Your policy has a hurricane deductible of $6,000.
You need $10,000 in repairs. You pay $6,000. The insurer pays $4,000.
You try to prove the neighbor caused extra damage. Otero reviews and submits evidence. Otero seeks recovery for your $6,000.

Timelines: how long to get your excess back

You may get your excess back in weeks. You may wait months. Subrogation can take time. If the other insurer accepts liability fast, you get your excess fast. If the other insurer fights, you wait longer.

Public adjusters and lawyers push the process. They keep records and talk to insurers. Otero works to speed up results for Florida homeowners.

Costs: hiring a public adjuster or lawyer

Public adjusters charge a fee. The fee often comes from the recovery. Otero only gets paid when you do. You do not pay upfront.

Lawyers may charge different fees. Lawyers usually take part of the money they win. Public adjusters often cost less than lawyers for property claims. You can talk to Otero to learn their fee structure.

Common mistakes to avoid

Do not admit fault. Say only facts.
Do not sign a release too soon.
Do not throw away receipts or photos.
Do not accept the first low offer without checking an estimate.
Do not wait too long to report a claim.
Do not forget the police report if you need it.

Avoiding these mistakes helps your chance to recover your excess.

Short checklist you can use today

Take photos and videos of damage now.
Get names and details from all people involved.
Save all receipts for emergency repairs.
Report the claim to your insurer.
Ask the other insurer for their claim number.
Call Otero for a free inspection if you are in Florida.
Keep a written log of calls and emails.

This list keeps you on track.

How to talk to the insurer about excess

You call your insurer. You say:

“I want to report property damage.”
“I believe the other party caused the damage.”
“I need to know how my excess works for this claim.”

Ask direct questions:

Will you require my excess now?
Will you seek subrogation from the at-fault insurer?
How long does subrogation usually take?
What documents do you need from me?

Write down the answers. Keep the name of the person who talks to you. You can show this paper to a public adjuster.

If the other insurer refuses to pay

You can ask your insurer to keep pushing. You can hire a public adjuster. You can ask a lawyer. You can file a lawsuit. Each step costs time and may cost money. A public adjuster like Otero can tell you the best path based on your case.

Otero will:

Inspect the property.
Build a strong claim packet.
Negotiate with the other insurer.
Work to recover your excess.

Otero will not charge until you receive payment.

How Otero helps Florida residents

Otero Property Adjusting & Appraisals serves homeowners across Florida. Otero acts as your negotiator with insurance companies. Otero reads policies and finds what you deserve. Otero looks for items insurers often miss. Otero builds claims that show the true cost to repair.

Otero offers:

Free property damage inspection.
Public adjuster services for hurricane, wind, water, fire, mold, and roof claims.
Help for both big and small claims.
Service across Florida, with a base in Pensacola.

Call Otero:
3105 W Michigan Ave, Pensacola, FL 32526
(850) 285-0405
https://oteroadjusting.com/

You will get a clear answer about whether you must pay the excess now. Otero will help you try to recover money you paid.

Final tips for Florida homeowners

Read your policy and find the hurricane deductible section.
Keep copies of photos, receipts, and reports in one place.
Use a public adjuster for big losses or disputed liability.
Act quickly. Deadlines can make claims harder to win.
Ask for a free inspection from Otero if you want help.

You will feel better when you act fast and keep good records. A clear paper trail helps you and helps your adjuster.

Frequently asked questions (FAQ)

Do I have to pay my excess if the other driver admits fault?

If the other driver admits fault and their insurer pays, you usually do not pay your excess. The other insurer pays the repair shop. You should still record the admission and get the insurer’s claim number.

If I pay my excess now, how will I get it back?

You keep receipts and file them with your insurer. Your insurer will subrogate and seek repayment from the at-fault insurer. If they recover money, they may refund your excess. You can ask a public adjuster like Otero to speed the process.

What if the at-fault party has no insurance?

You may need to use your own policy or sue the at-fault person. You may pay your excess. You may recover money only if the at-fault party has funds or insurance. A public adjuster can help decide the best next step.

How long does subrogation take?

Subrogation can take a few weeks to many months. It depends on how fast the other insurer acts and whether they accept fault. A public adjuster can push for faster action.

What is a hurricane deductible, and do I get it back?

A hurricane deductible is a percent of your dwelling limit in many Florida policies. You pay that percent for named-storm damage. You may get it back only if another party clearly caused the loss and you can prove that cause. Otero can help prove cause.

Does Otero work on auto damage too?

Otero focuses on property claims for homes and buildings. If your auto claim affects your home or property, Otero can help with the property side. For pure auto claims, Otero can still advise on recovery steps related to property damage at your home.

Closing thought

You do not always need to pay the excess if someone else caused the damage. The at-fault insurer should pay when they accept fault. If they do not, you might pay first and seek your money back later. Keep calm. Take photos. Save receipts. Call Otero Property Adjusting & Appraisals for a free inspection in Florida. Otero will fight to get your fair payment and to recover any excess you paid. You will not pay Otero unless you get paid.