Who should pay for the damage to your car?

 

When you are in a car crash and your car is either damaged or totaled, you have an immediate problem. At the very least, you car is drivable but damaged, or damaged beyond repair and a total loss. Assuming you have collision coverage on your car, who pays for the damage to your car? Lawyer office in New York. Perhaps a better question is, who do you want to pay for the damage to your car? In most cases, I recommend that you go through your own insurance company and use your own collision coverage and rental coverage. Many people don't consider using their own insurance coverage since the accident wasn't their fault, but there are potential pitfalls when going through the at fault person's insurance company. First, you are at their mercy. If they handle the claim slowly and treat you like a second class citizen, there isn't much you can do. But if you are going through your own insurance company, you are their insured and they owe you significant duties when handling your claim and as such, you will get better service and better treatment. Second, especially in a total loss situation, you will likely obtain a better total loss offer from your own insurance company and they will be more likely to work with you to resolve the claim to your satisfaction. Your own insurance has an obligation to treat you fairly and reasonably, the at fault parties insurance company has no such obligation.