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FAQ's on Auto Accident & Handling of
Minor Car Accident Claims
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Who pays for the towing?
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What about the damage to other things?
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Do I
have the right to a rental car?
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What if I was partially at fault?
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What if the other driver does not have insurance?
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Who pays for towing?
The other
driver's insurance company must pay the cost of towing your vehicle from the
scene of the accident to a place of safekeeping, and for storage costs until a
reasonable offer of settlement is made to you. If you are collecting from your
own company, however, check your policy or call your agent to see if towing or
storage is covered.
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What about damage to other things?
You should
collect for any personal property that was damaged in the accident. If your new
television in the trunk of your car was destroyed in the accident, for example,
you are entitled to collect its value from the at-fault driver or his insurance
company. If the accident
was your fault, however, you should look to your homeowner's insurance to
pay for damaged items. Your own car insurance will not cover damage to things in
the car unless specifically listed on the auto policy.
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Do I have the right to
a rental car?
If you have not purchased this coverage, and you were responsible for the
accident, you would not be entitled to reimbursement. If you have purchased
rental car coverage, you can file a claim with your own company for
reimbursement. If you are collecting the collision damage from your own
insurance company, check to see if your insurance policy covers a rental car.
Some don't. Some insurance
companies want to make their own arrangements for your rental car because they
get special rates. This is O.K., as long as you get a rental car that is
suitable.
If you did not purchase this coverage, or you do not want to file a claim with
your insurer, and if it is determined that another driver was
liable for the accident, you would have the right to seek reimbursement from
their insurer. If your car will be out of commission for more than a few hours,
then you are entitled to the reasonable value of a rental car during the time it
takes to get your car fixed, or until the insurance company makes you a
reasonable offer for the repairs or replacement.
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What
if I was partially at fault?
Your fault will
be compared to the fault of the other driver, and you will be paid
accordingly. This concept is called "comparative fault." If the accident
was partly your fault, the other driver's insurance company will reduce the
amount you get paid for your damages by the percentage of your fault. For
example, if another driver pulled out in front of you from a stop sign, but you
were not looking where you were going, you might be 30% at fault (the exact
percentage is always a matter of opinion). If the damage to your car was
$1,000.00, the $1,000.00 would be reduced by 30% and you would collect only
$700.00. The exception is that if you were more than 50% at fault, the
other driver's insurance doesn't have to pay you at all.
Keep in mind,
however, that "comparative fault" does not apply to collecting your loss under
your own collision damage insurance. Even if you were 100% at fault, the
collision damage insurance on your car will still pay for all damages to your
car, less any deductible.
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What if the other driver does not have insurance?
If you don't have collision coverage on your car you may have to sue in
conciliation court. Conciliation
court is a quick and informal way to go to court without a lawyer. A small
filing fee is charged and the clerk at the courthouse can show you how to fill
out the papers. Conciliation
court does have its drawbacks. The dollar amount you can claim is limited.
Results are easily appealed by the unhappy party, and judgments can be hard to
collect. People without insurance are often also without any means to pay a
court judgment. If the damages
are believed to exceed the conciliation court's limit, you should contact a
lawyer.
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