If you are involved in a car accident in California, you might have to deal with injuries and expensive car repairs. However, if another motorist was at fault, they can be held liable for the damages sustained on your vehicle.
California law requires that the at-fault driver and their insurance provider should pay for the losses, including injuries and vehicle repair costs. Your actions immediately after the accident are crucial to proving the damage and the other driver's liability. You can obtain maximum compensation for your losses if you choose the right action. Read on to learn more about how to repair your car after a collision.
First Steps You Need to Take After an Auto Accident
You need to take specific steps after being involved in a car accident in California. These include the following:
- You need to call 911 immediately to report the incident. The police will investigate the accident and compile a comprehensive report detailing its specifics.
- Promptly inform your insurance company of the same.
- Once you have notified the authorities of the incident, proceed to an urgent care center or emergency room for a thorough examination and to receive medical assistance. The hospital receipts could help you receive compensation if you have been injured.
You can rest assured that your insurance premiums will not rise if you are not at fault for the accident.
Who Handles the Car Repair Bills After an Accident?
If you are not at fault for the collision, you should not have to cover your car repair costs. Below are several ways in which your car repair bills might be covered:
Liability Insurance
Every motorist in California is required by law to have a minimum of $5,000 in property damage coverage. You can claim it from the other driver’s insurer to cover your vehicle repair costs. Most drivers in California possess coverage that exceeds the minimum mandated amount for property damage.
Your California Collision Coverage
Maintaining full coverage insurance on your car automatically includes collision coverage. Regardless of fault in an accident, your collision insurance would cover the cost of repairing your vehicle, which could be the most efficient way to have your vehicle repaired.
However, you will need to pay a deductible. If your insurance company exercises its right of subrogation, you will likely be reimbursed for that amount later.
Uninsured Motorist Insurance Coverage
If an uninsured driver causes the accident, you may file a claim if you have uninsured motorist property damage insurance. However, these claims are limited to $3,500. If you have collision coverage, filing your claim using that instead is better.
Using Funds From Your Personal Injury Settlement
If you sue the driver responsible for your accident for personal injury, you may be able to use a portion of the money to cover the costs of repairing your vehicle.
When the Cost of Repairs Exceeds the Estimate
The at-fault party’s insurance company will likely insist that you get your vehicle fixed at a repair shop. Sometimes, more damage that was not initially evident during the estimation process could be discovered. Usually, the insurer resolves such matters with the repair shop.
If they fail to reach an agreement with the vehicle repair shop regarding the discovered damage, it is unlikely that you will persuade them to perform these repairs without extra charges. You may need to cover the costs of these damages yourself.
When the Vehicle is Totaled
When your car sustains damage in an accident and repair costs exceed its actual market value, insurers consider it totaled. Often, vehicle owners face an outstanding balance even after the fair market value has been established. In such cases, the owner inevitably incurs a financial loss.
If your car is totaled, the insurance company might offer to find a comparable replacement vehicle. Alternatively, they will likely propose reimbursing you for the car’s fair market value, minus any applicable deductibles, up to the policy limit. The funds do not need to be used to buy a replacement car. You can use them as you see fit.
If you own a new car or a vehicle only a few years old, you can consult your insurance agent about gap insurance. This covers the difference between your totaled vehicle’s current market value and the remaining balance you owe.
You might also need to negotiate a fair market value with the insurance company or submit an appeal. It could help to show articles describing the vehicle as a classic or provide receipts for aftermarket accessories that increase the car’s value.
Either way, you have a legal right to know the insurer’s method for determining the cash settlement amount. A skilled California accident attorney can often help appeal the insurance company’s decision or convince them to value your vehicle higher than they initially would.
Dealing with Adjusters After an Accident
Most at-fault parties and insurers often contest their liability, even in cases where the accident’s cause is established. This may make it harder for you to pay for your car repairs. Since California is an at-fault state, the party responsible for the incident must pay damages to the victims, including property damage.
Talk to the insurer of the party responsible for the accident to cover the cost of your car repairs. Usually, the insurance provider is aware of the accident and may be preparing to downplay their policyholder’s role. Regardless of how friendly an insurance adjuster may seem, they ensure you receive the minimum payout possible.
To receive payment from your third-party insurance for car damages, you must cooperate with insurance adjusters. This cooperation can help you secure fair compensation for vehicle repair costs. You may have two options:
- File a court claim, or
- Negotiate with the insurance provider.
In a civil claim, only the judge can determine the compensation amount. Here are some pointers on how to handle insurance adjusters to prevent your case from being compromised:
Do Not Admit Fault For Causing the Accident
As in personal injury cases, fault is a significant factor in determining payment for auto repairs after an accident. The negligent party in the collision bears all losses, including auto repairs. The at-fault driver’s insurance provider might try to persuade you to accept responsibility for the accident. This would absolve them of their obligation to pay for your car repairs.
Find Legal Counsel
In discussions with the insurer, you should seek advice from an experienced car accident attorney to protect your right to compensation. Your lawyer will guide you on what you must tell the insurer and what information you should provide. Most car accident attorneys are familiar with insurers’ strategies to reduce the value of your claim.
Avoid Hurried Settlement Offers
Out-of-court negotiations can be used to settle for auto repairs with your insurance provider. If you choose this route, the insurance provider might exploit your vulnerability following the collision to offer you a small payout. However, you are not obligated to accept a settlement that would not cover your car repairs.
It is best not to accept a quick settlement. Get auto repair estimates from several shops before contacting your insurer to request payment for losses caused by negligent actions. They will evaluate the extent of damage and repair costs for your car. Entering negotiations with accurate estimates increases your chances of receiving a fair settlement.
Document the Accident
Document the accident scene with photos and videos. Photographic evidence is irrefutable in your claim. This proof can help determine liability for the collision and support your case for compensation for car repairs.
Obtain Car Repair Quotations Following a Car Accident
You will need auto repair estimates to submit a claim for repairs to your vehicle after an accident. These help assess the extent of damage to the car and the cost of repairs. A repair estimate is an itemized list of all necessary repairs to keep your car safe and functional.
If you bought the car using financing, you must repair it and restore it to its original condition before placing the lien. Your insurance company can help you obtain estimates for auto repairs when you file a claim. The repair cost will depend on labor expenses, damaged parts from the collision, and the time needed to complete the repairs.
Depending on your policy's specifics, you might need to provide your insurance company with the name and address of the auto repair shop where you plan to fix your car. While insurance companies may have a list of suggested repair facilities, they should not pressure you into choosing a particular one.
The insurance provider will collaborate with your chosen repair shop by directly covering repair costs if they are scheduled to pay your auto repair bills. You have the option to avoid repairing your car after an accident. However, before ignoring the damage to your car, check with any lien holders you might have. If you opt for a cash payout, the funds will be disbursed after deducting the appropriate amounts.
Determining Fault For a Car Accident
To settle the damage to your car, your insurance company must first determine who is at fault for the collision. The other party’s insurance will only cover the repair costs for your car if their customer is held responsible for the accident. To determine fault, the insurance adjusters of the individual parties involved in the accident examine the following evidence:
Testimonies of Witnesses
If someone witnessed the accident, stay in touch with them and request their testimony to support your claim.
Statements You Provide to the Insurer
After an accident, exercise caution when speaking with an insurance adjuster. If you admit fault, it could be used against you when determining liability.
Video Surveillance of the Crash
If the accident scene was under surveillance, you could use the video footage to establish what went wrong and who was responsible.
Police Report
You must notify the authorities after an accident that causes significant property damage. Officers will assess the situation and write a report upon arriving at the crash scene. This report can help identify the responsible party.
Value of the Vehicle and Repair Costs
Your insurer will cover repairs for damage to your vehicle up to its value during the crash. They can either pay the actual value in cash or declare it a total loss if repair quotes from two or more shops indicate that repair costs exceed the vehicle’s value.
The sum you stand to receive from the claim will not be affected by the original car value if you claim compensation for auto repair costs. You will only receive compensation up to the limit of the coverage policy that covers vehicle damage repairs.
Frequently Asked Questions About Paying Car Repair Bills After a Car Crash
Many auto accidents result in fatalities or serious injuries. Inued parties often experience significant property damage as well. Most accident victims file personal injury claims and seek medical treatment after the incident. Even if you emerge from the accident unharmed, you must still address any vehicle damage. It can be frustrating to face additional costs for auto repairs due to someone else’s negligence.
Below are some frequently asked questions about paying car repair bills after an accident:
How Can I Prove That My Vehicle Was Damaged in an Accident?
To allow your insurance company or the at-fault driver’s insurance company to pay for the repairs, you must prove the full extent of the collision-related damage to your vehicle. Providing images or a video of the collision is crucial to support your damage claims. These pictures, taken while the cars are still at the scene, will display the damage to each vehicle.
If you are not injured in the car accident, take photos to document the collision scene. In addition to capturing images of the incident, gather the following information:
- When and where the accident happened. This could be useful in obtaining surveillance footage of the area for you or law enforcement to have a clear record of what occurred before and after the crash.
- The direction of travel for each vehicle involved in the accident.
- Weather and traffic patterns at the scene of the collision. Road conditions often play a crucial role and can significantly affect auto accidents. If poor road conditions contributed to the collision, you might need to file a claim against the local authorities responsible for road maintenance.
- Details about the other driver’s actions. This may include using a phone while operating their vehicle, as well as other potentially negligent behaviors.
What Happens If the At-Fault Motorist In My Claim is Not Insured?
Before operating a car on a California road, you must comply with stringent insurance requirements set by the state. Although most drivers follow these laws, some drivers lack insurance. If the person who caused your accident is uninsured or underinsured, you can submit a claim with your auto insurer to cover your car repairs.
If I ask My Insurance Company For Compensation For Vehicle Repair Bills, Will My Premiums Increase?
Proposition 103 prohibits insurance firms from raising premium rates if you ask them to cover repair costs for your car following an accident for which you are not at fault.
The following factors determine if being at fault for a crash will affect your insurance policy terms:
- The number of insurance claims made under the policy affects your standing with your insurance provider. Your insurer has the right to raise your rates or cancel your coverage if you have a history of being involved in car accidents, especially if this is not the first time you have requested compensation.
- How long have you worked with your current insurance provider? Different insurance coverages have policies on the conditions under which your coverage can change. If you have been a long-term customer, your insurer might not raise your rates.
- The coverage options. Although California law only requires drivers to carry minimum coverage, collision, and comprehensive coverage are also available. Your policy type will dictate how your premium is adjusted following a car crash.
Why Should You Hire a Car Accident Attorney For Your Case?
Working with a car accident lawyer can prove your innocence and seek compensation. An attorney can review witness statements and evidence to determine who is responsible for the accident. They can also bring in accident reconstruction specialists to support your claim. Providing post-accident documentation is another essential step in the claims procedure. Your attorney can gather records and expert testimony to prove the severity of your damages and strengthen your compensation claim.
Find a Los Angeles Car Accident Lawyer Near Me
If you are involved in a car accident in California, paying to repair your vehicle could cause financial troubles. Your car may be slightly damaged or totaled depending on the collision's severity. Fortunately, California mandated minimum insurance for all drivers. Because of this, you can settle your auto repair bills with either your insurer or the at-fault driver’s insurance.
Dealing with insurers and auto repair shops after a car crash is challenging. You need an experienced auto accident lawyer to help with your claim. At The LA Personal Injury Law Firm, we offer legal counsel to clients dealing with car accident claims in Los Angeles, CA. Call us today at 310-935-0089 to discuss the specifics of your claim.
