Shortly after your car accident, you will likely have questions about who is on the hook for the costs of repairing your vehicle. The answer to this question depends primarily on who caused the crash.
If you caused the accident, your insurance company will pay to repair the damage to the car. If you do not have sufficient insurance coverage, especially when it comes to collision coverage, you may end up paying a good portion of the costs out of pocket.
If another party caused the accident, that person’s insurance company must cover the costs of repair or replacement. If that driver does not have insurance (or sufficient insurance), either he or she will pay personally or you can have your insurance company cover the costs, either through collision coverage or through underinsured/uninsured motorist coverage.
How much will the other party have to pay?
When another party is responsible for paying for your vehicle repairs, the amount that person must pay depends on the level of damage done to your car.
Typically, you are entitled to have your vehicle repaired to the point of its pre-accident condition, unless the repairs would cost more than your car is worth. In that case, your car is considered “totaled” and you are entitled to receive the actual cash value (ACV) of your vehicle before it was destroyed. In some cases, you might be entitled to a rental car until your car is repaired or until the ACV is settled.
If you have additional questions about your best steps after a serious accident, consult a skilled San Diego personal injury attorney with Thorsnes Bartolotta McGuire.