Magnuson Lowell Blog
Each week we post a blog about relevant legal issues. Glance through our various topics to learn more about a particular legal situation.
These articles are for limited informational purposes only and are not, nor are they intended to be, legal advice. You should not rely on this information for your case and should consult with an attorney for advice regarding your individual situation.
As if pain and limitation in your daily life related to treatment and symptoms were not enough, now you must spend valuable time repairing your vehicle after a car accident. With few options available, what steps should you take to fix your car? The answer depends on the type of vehicle, the extent of damage, and the availability of insurance. As always, if you have questions about getting your car fixed after an accident, a personal injury attorney is a great option to gather information.
Option 1 – Use your own car insurance company.
Whether or not you were at fault, you have a responsibility to advise your car insurance company if you were involved in an accident. This gives the insurer time to investigate and evaluate should they need to become more involved. If the other driver’s insurance has denied liability, they are unlikely to provide repair payments. In that scenario, whether you agree about fault, you can work with your own car insurance.
Your car insurance company should step up to pay your bills minus your deductible. Fortunately, if your car insurance company can recoup its money from the other driver’s insurer, they are likely to recoup and repay your deductible, as well. If liability remains contested, you may need to file a lawsuit if you want to recover your deductible.
Option 2 – Pay out of pocket.
If there is no insurance available or you are being fully or partially blamed for the accident, there may be no insurance willing or available to pay those expenses vehicle repair bills. In that event, if you have no insurance of your own, you may be stuck paying out of pocket for repair bills.
Option 3 – Use the other driver’s insurance company.
While this may be the easiest – and often quickest – option, using the other driver’s insurance company to repair your vehicle is not a perfect solution. If fault is clearly on the other driver, the insurer is typically willing to step up. You do not need to use the repair facility they recommend but doing so may have the benefit of additional warranty. If the insurance company blames you for the accident, it is unlikely they will step up to make any payments forcing you to fall back on other options.
Option 4 – Filing a lawsuit against the driver.
Working with any attorney may be the best way to move forward if all other avenues fail. If you have no insurance or cash to repair your own vehicle and the other insurance company is denying responsibility, a lawsuit might be your only option. Often these property damage claims are included in lawsuits for personal injury. In the case, you argue for your medical expenses, repair bills, lost wages, and your pain and suffering. If you win, you either get a judgment against the driver or their insurance company steps up to make payment. At the law offices of Magnuson Lowell PS, our dedicated team of personal injury attorneys know the insurance industry inside and out. Call today for a free case evaluation.