Who Pays for Car Damage After an Accident?
If your car was damaged in a car accident, you might be wondering who is supposed to pay for the damage. The question of who pays for car damage after an accident is not as simple as it may first seem, as it depends on who caused the accident, insurance coverage, and other variables.
A Los Angeles personal injury lawyer can help you navigate the question of paying for car damage after an accident, as well as determining if you deserve other compensation for injuries and losses.
The other driver was at fault
If the other driver was at fault in the accident, he is responsible for paying for your car damage. In most cases, the other driver’s insurance will pay. However, there are a few other variables that can make it difficult to get the money to pay for your car damage.
At-fault driver has insurance
The best-case scenario is the at-fault driver has liability insurance to cover damages for which he or she is legally liable. California state law requires drivers to have liability insurance and a minimum of $5,000 of property damage liability insurance. Since it’s the law, it is somewhat likely that the at-fault driver will have the insurance coverage to pay for your car repairs.
At-fault driver does not have insurance
If the at-fault driver does not have insurance, but you do, you can use your insurance to help pay for the damage to your vehicle. Most collision coverage will pay to repair car damage no matter who was at fault. However, you will have to pay a certain portion of the cost, or the deductible.
You may be able to get your deductible back from the at-fault driver, but if that driver does not have insurance it may be difficult. Just because you got judgment against someone in court doesn’t mean that you be able to collect it.
If neither you nor the at-fault driver has insurance, things can get sticky. Though the at-fault driver is at fault, you can’t collect money if he doesn’t have any. Since you also don’t have insurance to help cover the cost, you may end up paying for the damages yourself.
You can file a lawsuit against the at-fault driver with the help of a Los Angeles car accident attorney. If you win the case, the at-fault driver’s license will be suspended until he comes up with the money to pay for your damages.
Both you and at-fault driver have insurance
If both you and the at-fault driver have insurance, you can have either insurance company pay for the car damage. If the other driver’s insurance pays, you won’t have to pay a deductible. The other insurance policy may also pay for you to rent a car while your car is repaired.
However, if your insurance company pays, it’s likely that the repairs will be done quicker and with less argument as you have certain rights under your own insurance coverage.
You caused the accident
If you caused the accident, your insurance company will pay to repair your vehicle. However, you will have to pay your deductible. If you don’t have insurance and you caused the accident, you will be forced to pay out of pocket for the damage.
What a lawyer can do
Though its likely that you will get help paying for the car damage after an accident, you still have to face lost wages, medical bills, and pain and suffering on your own. That is true unless you hire a personal injury lawyer from Ellis Law Corporation.
One of our experienced and compassionate attorneys will work with you to fight for the maximum compensation you deserve to cover the other costs and losses associated with a car accident. We do so much more than just file paperwork. Call one of the car accident lawyers from Ellis Law today to learn more, or schedule a free consultation.