Even a minor collision can cause a car to suffer some degree of damage. Who must cover the costs of the necessary repairs? This article seeks to answer that question.
Who was at-fault?
Traditionally, the person held responsible for the accident must pay for any scheduled repairs. That is still true in some places within Canada., but not in all locations.
In what state did the accident take place?
In states with a traditional at-fault system, an accident victim that wants the other party to pay for damages must prove that the same individual acted negligently, in the moments that led up to the accident.
Note that not all at-fault states state that the company ensuring the victim of an accident must cover the costs of repairs. In some states, insurers cover only the medical expenses, which have resulted from any injuries. When accidents happen in a no-fault state, the company ensuring the hit driver treats the damage in the same way that it would a 3rd party claim. It covers the costs of the repairs, up to the limit that has been stated in the policy of the insured car-owner.
How much coverage had been guaranteed by the policy that was being used to cover the repairs?
If the limit stated in the policy of the insured car owner fails to provide for correction of all of the damaged areas, a special situation could arise. It might become evident that the cost of repairs exceeds the vehicle’s value. When that is the case, the damaged vehicle is declared totaled.
That fact highlights the wisdom behind purchasing a generous level of underinsured motorist coverage. Otherwise, the level promised by the policy’s limited coverage might not allow for reimbursement of all repair costs.
What kind of insurance did the driver of the damaged vehicle have?
Certain insurance terms apply to the delivery of repair services. One is collision coverage. That guarantees payment for repair if the other driver is uninsured, or if the policy holder has been found at-fault. Personal Injury Lawyer in Barrie knows that comprehensive coverage guarantees payment for damages to a parked car, or for repairs caused by a driver that had no or insufficient coverage.
Not every insurance policy includes both liability and comprehensive coverage. Some drivers buy a policy with a minimum amount of coverage. Those same drivers might lose their means-of-transportation, if they become negligent while on the road, or if some trouble-maker decides to harm their parked vehicle.
The same drivers would need to worry about what would happen if they got hit by the “wrong-sort” of driver. That would be one that was either uninsured, or one that did not carry a large amount of insurance coverage.