I Am in a Liability Dispute: Who Pays to Fix My Car?
It’s extremely frustrating when you don’t have a reliable vehicle because you were in a car accident. The worst, though, is when you cannot quickly repair your vehicle because the insurance is fighting over who caused the accident.
You’ve been in a car crash, and there’s a liability dispute – meaning the police or the other driver’s insurance says you are partially to blame, or they can’t determine fault. This might not seem fair, or you might know it’s not true, but for now, you are stuck in this mess. Right now, one question you need answered is, “How do I get my vehicle fixed, and who pays for it?”
Who Usually Pays for my Vehicle’s Repairs?
Ideally, the person at fault has property damage liability coverage, and this coverage pays for your vehicle’s repairs and other property damage, like ruined car seats. Their insurance would pay for you to get your vehicle repaired at a shop of your choice. They would also reimburse you for loss of use or a rental car (though they often try to underpay).
Note that you have an obligation to keep your expenses reasonable, and they have an obligation to pay for your damages up to the limits of their property damage liability coverage (as low as $15,000, but maybe up to $100,000 or more). But this would only occur if they admit 100% fault for the car accident.
What is "Collision Coverage"? And Why is it Important?
The solution that saves you time and protects you from liability is to turn to your insurance and access your collision coverage, IF you have it. A lot of our clients don’t like to use their own insurance, especially if they think the current situation is unfair. And we get it, you don’t want someone who hit you to be let off the hook, or your payments to go up because of their negligence. If you have “full coverage,” including collision coverage, this policy is designed to compensate you for your property in an accident. Your insurance then does some work to advocate for you in a process known as inter-company arbitration, where they argue with the other insurance company about who is more to blame. If the result comes back in your favor, you should get a portion of your deductible refunded based on the percentage of fault they assign you.
Can I Still Repair My Vehicle if I Don’t Have Collision Coverage?
If you don’t have collision coverage, or you want to only use their insurance, here’s what you’re looking at. You can take your vehicle to an independent shop that you can trust, but you will have to pay out of pocket for repairs. You will get an estimate that you can submit to the defendant’s insurance and wait for reimbursement based on the percentage their insured is at fault. If you pay out of pocket to get the repairs done, and the final repairs come back as more than the initial estimate (which is often the case), you then need to send a supplement to the defendant’s insurance with the additional costs and you can expect them to argue it. If you wait for that check to proceed with repairs while your vehicle is at a shop, be aware of accumulating storage fees. These can quickly grow to an outrageous amount, and you even risk the shop filing for an abandoned title and auctioning off your vehicle.
Bottom Line:
So, if this were a simple parking lot fender bender, no one was hurt, you don’t think your vehicle lost much resale value, and you feel the liability dispute is mostly fair, use your collision coverage. You may not need a lawyer, and that should protect you from most liability issues.
If there are other more complex issues – such as severe damage, you or your passengers were injured, your car is brand new and you want to file a diminished value claim, or you want to fight the liability dispute, then you’ll want to speak to an accident attorney. Ideally, speak to an actual experienced attorney, not a sign-up specialist. That’s the most effective way to ensure you’re protected and can get your vehicle repaired.
