Car Damage

Who Pays?

Who pays to repair your car damage after a car accident?

Are you ready for a lawyer-like answer? It depends. It depends . . . on who caused the accident.

If the other driver caused the accident, the other driver’s insurance company pays. If the other driver doesn’t have the right insurance, he pays himself.

In some cases, you will have a choice. You can choose to have your car damage repaired by your insurance company or by the other driver’s insurance company.

Still not clear? Click here to learn more about who pays for your car damage.

How Much Do They Have to Pay?

O.K., that’s who pays.

How much do they have to pay?

I hate to say it but . . . it depends. It depends on the amount of damage to your car.

Generally, you are entitled to have your car repaired and put back into its pre-accident condition. That is, unless the repairs would cost more than your car is worth. If that’s the case, your car is considered “totaled” and you are only entitled to recover your car’s actual cash value (ACV) before it was destroyed.

Let’s go over this with numbers. Say that it will cost $10,000 to repair your car. If the car is worth $15,000, you are entitled to have it repaired. But, if your car is worth $8,000, you are not entitled to have your car repaired. Instead, you are only entitled to the $8,000 that it was worth.

In either case, you are also entitled to a rental car . . . either until your car is repaired or, if your car is totaled, until the ACV (remember, that’s actual cash value) is determined.

Got it? If not, click here to learn more about how much you are entitled to be paid for your car damage .

One final thing.

If you are dealing with the other driver’s insurance company, you may be asked to sign a release after your car damage is repaired or after you are paid the value of your totaled car.

Once you are sure that you have gotten all that you are entitled to, It’s ok to sign a release of your “property damage” claims, but you should not release “all” of your claims, especially if you intend to make a claim for your “personal injuries,” or, as some insurance companies call them, your “bodily injuries.”

Instead of a release, you may be given an insurance company check that says that it is for “full and final settlement of property damage,” or some similar language. If the check covers everything that you are entitled to receive, you can accept the check and use it.

But, if you have additional property damage claims, don’t accept the check. If you accept it, you might be waiving your additional claims. Instead of accepting the check with this language on it, contact the insurance company and get either the additional amount that you are owed or the insurance company’s written agreement that you can still make an additional claim.