But if they go after the other person's insurance (subrogation), then they have to pay you back the deductible. Most insurers are members of an arbitration agreement. They submit everything and it gets decided who pays. If they recover what the total cost was, then they pay you back. Or you can submit the claim to the other driver's insurance and collect the full amount. Don't forget diminution in value. That accident, even though minor, will show up on Carfax. That lowers the resale price. I'd ask them for 10% and accept 5%.