Depending on who your insurance company is, they may not even charge you for the deductible, and go after his insurance company for the full expense. That's how the last couple incidents we've had were - neither were our fault, and our insurance (AAA) waived the deductible because of that and covered the full repair.
That said - people who cannot drive need to be off the road, now.
Usually in no-fault states, you only pay the deductible if you're at-fault, and the insurance company goes through subrogation to recover it from the at-fault party's insurance. I know Michigan and Minnesota work that way, at least. I don't have experience in other no-fault states, but should be similar.
It can also get strange when you have policies written in at-fault states, but the accident occurs in a no-fault state. I've had this happen twice. In the first incident, I had Iowa insurance (an at-fault state), the driver who rear-ended me had Illinois insurance (also an at-fault state), and it occurred in Michigan (a no-fault state). The result was that the driver's insurance paid the entire claim, including deductible.
The other incident occurred in Minnesota (a no-fault state), the driver who hit me while I was parked had Minnesota insurance, and I had Iowa insurance (an at-fault state). In this case, the driver gave me invalid insurance information. If the other driver had given me proper information, their insurance would have paid the full claim, including deductible. However, since the insurance information was invalid, my insurance wrote me a settlement check for all but the deductible, and sent the claim to a subrogation contractor to attempt recovery of the loss from the at-fault driver. If they recover any money from the driver, they will pay me the deductible at that time. As of right now (11 months later), that claim is still in subrogation.
As you can see, the interaction of various state laws can be very particular to the incident, so if you haven't contacted your agent about this, it might be wise to do so and see if they can help you sort out the details. If you are carrying at-fault insurance, you should be able to file a claim against the at-fault driver's insurance, even though the incident happened in a no-fault state. The pattern I'm noticing is that how it sorts out seems to rely primarily on what kind of insurance is held by the driver who was harmed, and it's just a matter of mechanics regarding how they ultimately arrive at settling the full claim in favor of the driver who was not at fault.
