You do not have to pay your deductible if you are not at fault for the car accident. That being said, you might want to pay your deductible and file for damages with your own insurance company, instead of filing with the at-fault driver's insurance.
In general, your car insurance company does not report accidents to the DMV.
You can find details by checking your state's Department of Motor Vehicles website. In California, for instance, most accidents and minor violations stay on your driving record for three years. Accidents involving more serious violations stay on your record longer — 10 years for a DUI conviction.
If anyone is injured or the vehicle damage exceeds $750.00, you must report the accident to the Department of Motor Vehicles within 10 days. Failure to notify the DMV may result in the suspension of your driver's license.
No, California is not a no-fault state. The state of California follows at-fault negligence laws, meaning injury victims (particularly in car accident cases) must prove the liability of another party in order to recover compensation.
What is a no-fault state? “No-Fault” means that drivers have insurance to cover their own injuries and damage rather than insuring to pay out to the other person. ... In most no-fault states, drivers are required to have personal injury protection coverage as part of their auto insurance policy.
In a no-fault state, a driver who is injured in an auto accident simply has to file a claim for compensation for their injuries. Once filed, the other driver's insurance provider must pay the claim. It doesn't matter whether the injured driver is the victim in the accident or the cause.