SARASOTA (WWSB) - Few things are as frustrating as a car crash, especially when the damages take away your main mode of transportation for a period of time. It can be confusing which party involved pays for what part -and whose- repairs. On Suncoast View's segment "Injuries are Personal", Attorney Carl Reynolds law, has advice to help us get back on the road as quickly and economically as possible after an accident.
Once the dust has settled and we are sure everyone is ok, we just want to get our vehicle repaired. How is it determined whose insurance pays for what?
Carl Reynolds says, "The at-fault party is responsible for damage done to your vehicle. If you are at-fault, or deemed to have a percentage of fault, you are responsible for paying for your portion of fault.
if you are not at fault for the crash, you can go through the at-fault driver's insurance company to pay for your property damage or, if you have collision, you can go through your own insurance company and then your insurance company will seek subrogation, or repayment, from the at-fault driver's insurance company for the amount of the repairs, as well as your deductible. Often-times, since you are the customer of your insurance company, it is more efficient and less frustrating to use your collision coverage for your property damage claim. Put simply—property damage pays for others; collision damage pays for yours."
Who pays for the rental car while my vehicle is getting fixed?
Attorney Reynolds continues, "Under current Florida law, you are not entitled to a rental car. If you selected rental car insurance through your own automobile policy; then, you do have a legal right to a rental car according to the terms of insurance that you purchased. Instead, Florida law requires compensation for each day you are without the use of your vehicle, called loss of use."
Sometimes we're told a vehicle can't be fixed, the term often thrown around is totaled, what does that mean and who determines that?
Carl Reynolds says, "The insurance adjusters will inspect your vehicle to determine the amount of the damages. Under Florida law, if the costs to repair your vehicle exceed 80% of the fair market value of your vehicle, your vehicle is deemed a total loss. The insurance company would then be responsible for paying the fair market value of your vehicle at the time of the crash. "
And he says your claim for “property damage” includes not only damages to your vehicle, but, also, the contents of your vehicle. The principle in place is that the at-fault driver. often through his insurance company) is responsible to make you whole or put you back in the place you would have been had a car crash never happened."
For more information about any of your legal questions visit injuriesarepersonal.com
This segment has been paid for by Carl Reynolds Law and does not reflect the opinions, beliefs, findings, or experiences of WWSB, LLC or its employees.