If you are involved in an accident, you can claim damages for your vehicle. The party that actually pays for the damage will depend on who is at fault for the accident, and the type of insurance coverage carried by both drivers.
Paying for Car Repairs
If the other driver has caused the accident, then he or she will be liable for paying cost of damages to your car. However, in most cases, the liability is passed on to the insurance company of the driver, who will actually be paying the damages. In almost every state, carrying a certain minimum property damage insurance is mandatory. If the other driver’s insurance company agrees that the accident was caused by the driver, then they will pay for your car repairs; otherwise, the case will go to trial.
Hiring a Personal Injury Lawyer
The other side may pay for your car repairs but when it comes to you missing work, losing time with your family, the pain afflicted, medical bills, this is an entirely new ballgame. This is a higher plateau. This is where you are going to need an attorney to work with you. If you think you can handle all these issues and not get taken by the other side you are mistaken. You need someone who has been through the ring of fire before, many times in fact, and this is most likely not you.
When the at-fault driver does not have insurance but you have taken collision coverage, then your insurance company has to pay for repairing your car. Collision coverage is no-fault coverage, which means it does not matter who was at fault for the accident. However, there is a certain portion of it called “deductible”, which you have to pay. You can only acquire this deductible back if the other driver has insurance, or you win the case against the driver, and he has the required assets or funds to cover the cost.
When you and the other driver, both have insurance, then it is better to claim from the insurance company of the other driver, as you will not have to pay the deductible from your own collision insurance. Additionally, the insurance company of the other driver will have to pay for a rental car, until your car is repaired.
If you have caused the accident, then you have no way of recovering the damages to your car, unless you have signed up for collision coverage. This being no-fault coverage, your insurance company will have to pay for the damages to your vehicle, minus the deductible.