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Who will pay for my car damage?

Possible scenarios:

If the other party is at fault and the at-fault party has property damage insurance. The at-fault insurance company will pay up to the $10,000 minimum. If the coverage is more than $10,000 then the at-fault driver’s insurance will pay damages up to the limits on the policy. There is no deductible here.

If the other party is at fault and the party doesn’t have property damage liability insurance. In this scenario you will ask your own insurance company to pay for the damages – provided you purchased your own collision insurance. Your insurance company will pay the damages minus any deductible.

If the other party is at fault and neither they nor you have insurance. You can seek to have the at-fault party pay. Chances are if they don’t have insurance they don’t have money to pay for the repairs. Consult with a Florida car accident attorney to investigate whether a claim, in this scenario, is practical.

If you are at fault and you have collision insurance. In this case you can only collect from your own insurance company. Again, you will be responsible for the deductible.

If the other party is at fault and the other party and you both have car damage. Here you have a choice. You can collect from the at-fault party or your own carrier.

Reasons to get from the other party’s insurance:

  • You won’t have to pay a deductible
  • The other party should have rental insurance (as part of their overall package)
  • The other party should have personal property damage insurance and towing insurance (as part of the their overall package)

Reasons to get from your own insurance:

  • It may be faster.
  • The at-fault party’s insurance is not enough to pay for all the damages and your own policy has enough coverage to pay for all the damages.
  • It may be easier to rent the car you want provided you have repair insurance.
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