Deductible charged unfairly, undisclosed parts: auto insurance abuses and recourse
Paying a deductible when you were not at fault, signing a release under pressure, discovering used parts billed as new: these situations have a clear path, and it starts with a written request.
Paying a deductible when you were not at fault, signing a release under pressure, discovering used parts billed as new: these situations have a clear path, and it starts with a written request.
Not at fault means no deductible
When the Direct Compensation Agreement applies — a collision in Quebec between at least two identified vehicles — the collision deductible payable is proportional to your share of responsibility: 0 % means nothing to pay, 40 % means 40 % of the deductible. The liability deductible does not apply to damage covered by the Agreement. If a full deductible is charged while you are at 0 %, ask for the written fault assessment.
Frequent abuses
A deductible charged "in the meantime" and never refunded; a release signed under pressure; used parts installed when the policy provided new ones; a valuation with no comparables; the false ultimatum that not claiming will penalise your file; and silence about the settlement timeline.
The steps in order
Ask in writing for the fault assessment, the estimate, the calculation basis, the parts detail and the deductible calculation. Compare the deductible charged with the assessed responsibility. Then use the insurer's complaint service, the required step before the AMF, and finally the civil route if needed. Bodily injury goes through the SAAQ and the Administrative Tribunal of Quebec.
Evidence to keep
The signed joint report, dated photos, witness details, the fault assessment, the estimate, the garage invoice listing parts, all correspondence with dates and names, and the receipt if you paid the deductible.
Official sources
- Autorite des marches financiers — complaints
- Civil Code of Quebec and Automobile Insurance Act
- Groupement des assureurs automobiles — fault scale