Who Pays for Property Damage After a Car Accident?

Although Florida is a no-fault car insurance state, the at-fault driver will still need to pay for the damage of your vehicle following a car accident. In the state of Florida, car owners must carry at least $10,000 in property damage liability insurance.

If your vehicle was damaged due to another driver’s negligence, you’ll be able to file a property damage claim with their insurance company. Contact our legal office today if you have any questions.

One of our car accident lawyers can help you through the process so you get the compensation you deserve.

Property Damage Liability in Florida

In the state of Florida, car drivers must carry at least $10,000 in property damage liability insurance. If there are any complications in your case, we recommend you hire a car accident attorney so you can get the compensation you deserve for property damage.

We understand that you depend on your car, which is why our car accident lawyers fight hard for the best outcome.

What if the At-Fault Driver is Uninsured?

In the state of Florida, it’s illegal to drive without auto insurance. However, this doesn’t stop thousands of uninsured drivers from using our roads every day. While it’s not required by law, we recommend drivers get collision coverage.

Do you have standard collision coverage with your insurance? If so, you’ll only be responsible for paying the deductible before your insurance kicks in to pay the rest for vehicle repairs or replacement up to your policy limits. The insurance company will waive this deductible if you have broad form collision coverage and were not extensively at fault.

Having collision coverage means that you won’t have to worry about paying everything out of pocket for repairs if you get in a car accident with an uninsured driver. Collision coverage pays for repairs or replacement regardless of who’s at fault.

What if the Other Driver and I Both Have Applicable Insurance?

Even if you weren’t at fault for the car accident, it may be more expedient to use your own collision coverage. In this situation, your insurance company would later seek reimbursement from the at-fault driver’s insurance company. Likewise, you may choose to file your claim with the at-fault driver’s insurer from the start. A car accident attorney from our law firm can help you make the best decision.

Learn more: How do I prove the other driver hit my car? >>

What if Property Damage Exceeds Insurance Coverage?

The at-fault driver is personally responsible for paying any damages that exceed their policy limits. However, you can’t squeeze blood from a turnip. There’s no point in trying to get money from the at-fault driver if they have little to no assets.

Even if a judge or jury gives you an award, the at-fault driver may not have the means to pay it. Our car accident attorneys can do some research on the at-fault driver to see if it’s worth your time and effort to go after their assets.

If the at-fault driver earns a significant amount of money or owns real estate, one of our car accident lawyers can help you garnish their wages or come up with other ways to get the compensation you deserve. For example, we can put a lien on the at-fault driver’s property.

Who Pays for Property Damage If I’m at Fault?

If you were at fault for the accident, you won’t be able to sue the other driver to pay for the damage done to your vehicle. Instead, you’ll need to file a claim with your own insurance company under your collision coverage. The insurance company will then pay for your vehicle’s damage or total loss up to the limits of your collision coverage. If you don’t have collision coverage, you’ll have to pay for your own expenses out of pocket.

Also, keep in mind that the other driver can file a claim with your insurance company to pay for the damage or total loss of their vehicle that you caused. This claim would go under your property damage liability coverage.

While collision covers your expenses, property damage liability covers the other driver’s expenses when you’re found at fault.

Call Lusk, Drasites, & Tolisano, P.A.

Our auto accident attorneys are dedicated to helping you get compensation for property damage after a car accident. To request a consultation with one of our car accident lawyers in Cape Coral, Fort Myers, and Naples, call Lusk, Drasites, & Tolisano, P.A. at (800) 283-7442.

This blog post has been updated.

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