Whose Insurance Pays After a Crash?

Many folks assume that if they are involved in a car crash and police give the other driver a ticket, the other driver’s insurance must pay for their vehicle damage.  Unfortunately, this misconception is perpetuated by insurance agents who simply don’t know any better.  Here, we explain your options in resolving your property damage claim after a crash.    

Just because the other driver was ticketed by police, do not assume his insurance company will promptly pay for your vehicle damage.  First, he must have valid insurance coverage for the date of loss (and you cannot assume that someone who presents an unexpired insurance card at the scene of a crash was covered).  Assuming he had valid insurance coverage for the crash, his insurance company must agree that he was 100% at fault for the crash before they will agree to pay 100% of your vehicle damage claim.  His insurance company will conduct an independent investigation of the crash and may or may not agree with the conclusions of the Police Officer who issued a citation to their insured.

If you carry collision coverage on your auto policy, you always have the option to use your own insurance to pay for your vehicle damage, regardless of fault in a crash.  You will be responsible for your deductible, but some insurers waive deductibles where they foresee a strong likelihood of being reimbursed by an at-fault driver’s insurer through a process referred to as subrogation.  Some folks carry uninsured motorist property damage coverage (UMPD) which covers damage to their vehicle only when another driver caused the crash and the other driver was uninsured.  This is a more cost-effective coverage for older model vehicles, but offers coverage in very limited circumstances.

Vehicle damage claims can be a huge inconvenience, especially when the at-fault driver’s insurance company is giving you the run-around.  If you were also injured as a result of the crash, juggling all of your claims with multiple insurers can be overwhelming.  Relieve yourself of the claim-juggling burden so that you can focus on healing by contacting the Colorado Springs Injury Attorneys of Rosenbaum & Wootton, P.C. at 719.634.0102 or contact us on the web by clicking this link to schedule your FREE INITIAL CONSULTATION.       

This entry was posted in Auto Accident, Car Accident, Dealing With The Insurance Company, LEGAL BLOG, Motor Vehicle Accident, Personal Injury, PRACTICE AREAS, Uninsured Motorist. Bookmark the permalink.

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