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Car Damaged Not at Fault – Who Pays?

Car accidents are usually more of a financial stress than a physical one. Even if one is lucky enough to not have caused the accident, dealing with the consequences of a damaged car, and possibly a damaged body, are complicated matters. According to Milwaukee car accident lawyer, “Car accidents claim thousands of lives every year in addition to causing millions of injuries.” With automobile accidents being so common, it is in a driver’s best interest to know their financial rights in the situation.

If both the at-fault driver and the other driver have insurance, then it is important to first report to both insurance companies what happened. In most instances, the at-fault driver will pay for the damages. How much is paid is determined by their coverage amount, and yours. If they can’t cover all the damages, a likely situation, then you might have to pay a deductible. If the other person is at-fault it is likely that you will get your deductible paid back.

A horribly common situation is when the at-fault driver has no insurance and the other driver does. According to LaMarca Law Group P.C., “A lot of people think that they cannot afford the costs of car insurance, whether due to a lower income or higher monthly financial obligations.” While that driver will most likely face harsh legal penalties, you might suffer financially. If you have certain coverage, then your insurance should pay. In the case that the damaged driver has no insurance, then the state law determines their fate.

Determining the damage of the car is also an important matter. According to the DMV, “Your car is considered a total loss if the amount of the damage is more than the total value of the car.” If the not at-fault driver’s car is a “total loss” then it will be more difficult to not have to pay out of pocket for the damages. Overall, the seriousness of the financial burden always depends on the type of insurance of both drivers, if insured at all.

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