When you’re in an auto accident, a lot of questions arise about who
has to pay for the damages and how you can collect on what you are owed.
In the end, a lot of it comes down to the insurance carried by each party.
Here are a few helpful tips for getting your car repaired after an accident,
and how a Monterey car accident attorney can help.
first thing you need to understand regarding a car accident is the concept of negligence. Negligence is the
primary legal concept upon which car accident liability is based. This
is particularly true in California, which is a tort state, meaning that
fault is determined in cases of accidents. In a fault state, you have
to prove that the other driver was negligent and this negligence caused
the accident in order to collect damages. This will be key to getting
your repairs covered.
Insurance and Damage Payments
There are two limits to the amount of money insurance coverage will dole
out for auto damages. The first is the maximum policy limit. If a person
strikes your car for $8,000 worth of damage, but their policy only has
$3,000 of liability coverage, the insurance company will only pay you
The second limit is the value of your car. If repair costs are going to
be higher than your car, the insurance company will list it as “totaled,”
and will pay you the fair market value for the vehicle (usually based
on the Kelley Blue Book), and take the vehicle in exchange. Remember that
the value of your car is based on the time of the accident, not what you
originally paid for it.
Your policy can cover the difference between what the other insurance company
pays and the total damage. This will use your collision coverage, if you
were in a moving accident, or comprehensive coverage, if your car was
parked. Collision also covers your damage if you were at fault for the
accident, again up to the maximum value of your policy.
Pursuing a Claim
Getting your car repaired often means pursuing a claim for damages. This
starts by reporting the accident to your insurance company and that of
the other driver. If the other driver challenges their responsibility,
you may have to fight a legal battle to get them to pay out for damages.
This is where legal help comes into the picture.
Your Trusted Monterey Car Accident Attorney
The other party’s insurance company will certainly apply lawyers
to the battle if your claim for repairs is challenged. It is vital, as
such, that you also seek legal representation. A qualified Monterey car
accident attorney at The Dunnion Law Firm will be able to protect your
rights under the law and seek maximum compensation for damages to your
vehicle. If you find yourself in this situation, don’t wait. Read
more about our
car accident legal services
and contact us for more information, today.