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I was in a car accident; who w...

I was in a car accident; who will pay the repair costs?

  • November 20, 2017

If you were in an accident, you are probably wondering how your car will be fixed and who will pay. This depends on several factors, like who was at fault and whether or not you and the other driver were insured.

I was at fault.

The answer to this question depends on who was at fault. If you were at fault, you will be responsible for paying the repair costs for your own vehicle and for the other vehicle. Depending on your policy, your insurance company may pay for the damages up to a certain policy limit. You may also be able to get help paying for a rental car, if you purchased rental reimbursement coverage. This is why it is important that you know what your insurance policy says. Talk with your insurance company or agent to make sure that you have the coverage you want before something happens and you are out of luck.

I was not at fault.

If you were not at fault, you should not have to pay anything. The other driver’s insurance company should pay for all repair costs if he or she is insured. Not only is the at-fault driver responsible for paying the costs of repair, but he or she is also expected to compensate you for the loss of use of your property. In other words, he or she must pay the costs of a comparable rental vehicle for the amount of time that you will be out of it. It should be comparable to the car you were driving at the time of the wreck.

I was not at fault, but the other party was either uninsured or is refusing to accept liability.

If you were not at fault, but the other party was uninsured, or the other party’s insurance company refuses to accept liability, you should use your own insurance coverage to cover the cost of the repairs and the cost of a rental car. If this is the case, your insurance provider may step in and try to get reimbursed for the costs it covered by bringing a claim against the other driver in a process known as “subrogation.” If they are successful, you may be able to be reimbursed for your deductible.

If you are uninsured yourself, you will have to pay for the repair and rental car out-of-pocket. If this is the case, you may want to bring a claim against the other guy for reimbursement.

Regardless of your situation, we recommend that you consult a car accident attorney at Stenger, Roberts, Davis & Diamond, LLP to make sure that your best interests are being addressed. Call our personal injury lawyers for a free consultation.