Who should pay for your property damage after an auto accident?

After you’ve been in an auto accident there are tons of questions. Clearly, your health is the most important issue, but sometimes the damage to your car is a close second.

So who pays for the damage done to your car when YOU didn’t cause the accident? That’s a trick question. As with many questions in the law, the answer is, “It depends.”

Ideally, the person who caused the accident should pay for your property damage. In a liability state like North Carolina, that normally means the at-fault party’s liability insurance should pay for your property damage. Sometimes this runs smoothly.

Sometimes it doesn’t. In various circumstances you might be stuck waiting on the liability carrier to figure out what they’re doing. There could be many reasons for this, but there’s no need to go over them. So what do you do?

THIS IS WHY YOU HAVE INSURANCE! If you have collision coverage on your auto policy and are tired of waiting around on the liability carrier MAKE A CLAIM ON YOUR POLICY! It’s a no-fault claim, so your rates shouldn’t increase. AND your company owes you a higher duty since you’re their customer, so there’s a good chance (depending on the company) that it will go more quickly (and maybe successfully) if you use your own carrier.

“But what about my deductible?!” Yes, I know. Normally, your carrier won’t make you pay your deductible in this situation. Sometimes (depending on the company) they will, BUT they will get it back from the at-fault company for you at some point (hopefully not too long down the road).

So if you are in an accident that wasn’t your fault and the liability carrier is dragging their feet in getting your car fixed, call your own insurance company! You’ll be glad you did.

Of course, with all injury claim matters, call me at 919-929-2992.