Who Has to Pay for the Damage to My Car After an Apollo Beach Car Accident?
One of the biggest things people are initially concerned about after a car accident, even more so than any injury at first, is their car. People naturally feel helpless without the use of their car, and when its been damaged in an accident, there are a lot of unknowns. Questions like: Whose going to pay for the damage? What if the car is totaled? What about a rental car? How am I going to get work?
These are all valid and logical questions, but for those who haven’t had to deal with insurance issues after an accident, these questions can be overwhelming, so it’s important to know what your options are depending on the different scenarios you may face. Here are several such scenarios, and the options available to you should you encounter one.
Scenario #1 – You Caused the Accident
If you cause an accident and your car is damaged or, worse yet, totaled, you better hope that you purchased collision coverage with your auto insurance policy.
Collision coverage will cover you for any damage to your vehicle if it is involved in a collision with another object or vehicle, regardless of fault. So if the accident is your fault and your car’s damaged, your only option is to file a claim with your own insurance company under your collision coverage to get it fixed or replaced. The problem is, not everyone has collision coverage. This is because it is not a required coverage in the state of Florida, and it costs extra to add it to your policy. Given the high costs of car insurance, many people decide not to buy it. The bad news is if you don’t have collision coverage and you cause an accident, unfortunately you’ll have to come out of pocket for all of your own repairs costs, and there will be no insurance money to help.
Scenario #2 - The Other Driver Caused the Accident
When the other driver is at a fault for your accident, and if that driver has property damage coverage, which is required in Florida, then you can file a claim with the at-fault driver’s insurance and they will pay to have your car fixed up to the limit of that coverage which, in Florida, the law requires a minimum limit of $10,000 in property damage coverage
If the repairs cost more than the driver’s limit of coverage - for example, your repairs are 12,000 and the driver only has the minimum $10,000 limit - or, if your car is a total loss and the value of your car exceeds the driver’s limit of coverage, you should then pursue your claim through your collision coverage, if you have it, as there is no limit to repair or replace your vehicle. The only downfall to using your collision coverage is that you will have to pay your deductible, if any, which will then be returned to you by your insurance company once they recover from the at-fault insurer. However, if you don’t have collision coverage, your only other option would be to go after the other driver personally for any amount over and above the policy limit and, in most cases, that’s probably not worth your time.
Now it’s important to know that once the at-fault driver’s insurance accepts liability for the accident, then it’s at this point that they will also provide you with a rental car – if your car is a total loss - which you can use until the insurance company provides you with a valuation of your loss and agrees to pay your claim. However, if your car is not a total loss, a rental will only be provided for the time period that your car is being repaired.
Sometimes though, it can take a few days, depending on the type of accident, for the insurance company to make a liability decision, so you may be without a vehicle during that time. If you have rental car coverage on your own policy and you’re in dire need of a car, then going your insurance for the rental car will be a whole lot faster.
Scenario #3 - The Other Driver Caused the Accident and There are Other Vehicles that were Also Damaged in the Crash
In this situation, when there are multiple vehicles that have been damaged, if the at-fault driver doesn’t have property damage coverage, then everyone is out luck unless everyone had their own collision coverage.
However, if there is property damage coverage, the at-fault’s driver’s policy will need to be disbursed to each of the parties involved, and this will be done on a pro rata basis. Here’s an example.
Let’s assume that there were three cars involved that were damaged in the crash, one being yours. Let’s also assume that the estimates for the damage to each car combined totals $24,000. Now if the at fault driver only has the minimum $10,000 limit in property damage coverage, the policy will be divided like this:
You take your repair cost and divide by the combined total for each of the three cars, that will give you your percentage rate which you then multiple by the $10,000 policy limit, and then that will give you your pro rata share of the policy. You then do that for each of the 3 damaged vehicles and that is how the $10,000 policy will be divided amongst the 3.
Car A $14,454/24,000= .060225 x $10,000 + $6,022.50
Car B $7,078./24,000=.029494 x 10,000 = $2,949.40
Car C $2,467.50/$24,000 = 0.10281 = $1,028.10
To sum it all up, it cannot be stressed enough just how important it is to have collision coverage given the number of uninsured drivers on the road and the minimum state requirements for property damage coverage.
Although nobody has a crystal ball and can tell you if or when you might be in an accident and need it, you can protect yourself and your investment by simply spending the extra few dollars a month that it costs and, more importantly, you’ll have that peace of mind knowing that you’re covered regardless of the situation.
Call Jim The Lawyer
After Your Apollo Beach Car Accident
Hiring an experienced car accident lawyer can make all the difference in the outcome of your Apollo Beach car accident case. If you’ve been injured in a Apollo Beach, Florida car accident, Jim The Lawyer is here to help you fight to get the maximum compensation you deserve for your injury. Contact Jim The Lawyer at (813)937-9907 for a FREE Consultation and Case Evaluation.
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