Who Pays for Property Damage in a Car Accident?

Injuries are not the only concern following a collision, as your car might be totaled or need substantial and costly repairs. An at-fault driver’s insurer is usually responsible for any damage they cause to other vehicles, buildings, or other property. However, insurance companies can be difficult, especially when determining liability and the extent of coverage. 

If you were in a car accident and need coverage for property damage, contact Luck Law LLC for trusted advice and assistance from an Alabama car accident attorney.

Property Damage Can be Substantial from a Collision

Car accidents can result in significant property damage. Collisions can cause serious dents, structural damage, and even total the vehicles involved. Additionally, buildings, fences, or other structures nearby may also sustain damage. Repairing or replacing these damaged properties can be expensive, so you must determine who is responsible for covering these costs.

Alabama is a Fault State for Auto Insurance

In Alabama, like many other states, the concept of fault plays a significant role in determining liability for property damage in car accidents. Alabama is a "fault" state when it comes to auto insurance, which means that the at-fault driver’s auto insurance is responsible for compensating the other party for property damage.

Who Should be Liable for Your Property Damage?

The primary party liable for property damage in a car accident is the at-fault driver. This means that if another driver causes an accident that results in property damage, they are responsible for covering the costs of repairing or replacing the damaged property.

Negligent drivers are those who fail to exercise reasonable care while operating a vehicle. They may be responsible for property damage if their negligence directly causes the accident and subsequent damage. Examples of negligent driving include: 

• Speeding
• Distracted driving
• Drunk driving
• Running a red light
• Aggressive driving
• Violating other traffic safety laws

Employers of Negligent Drivers

In some cases, the employer of a negligent driver can also be liable for property damage. If the driver was operating a company-owned vehicle or was performing work-related duties at the time of the accident, the employer may share responsibility for the damages. 

Other Responsible Parties

Apart from the at-fault driver and their employer, there may be other parties responsible for property damage in a car accident. For example, if a defective vehicle part caused the accident, the manufacturer or distributor of that part could be liable for the resulting property damage. It is important for a car accident attorney to thoroughly investigate the circumstances surrounding the accident to identify all potential responsible parties.

When Does Your Own Insurance Cover Property Damage?

If you have collision or comprehensive coverage, your insurance may cover the costs of repairing or replacing your damaged vehicle if you were at fault. However, keep in mind that using your own insurance coverage may result in increased premiums.

Avoid Wrongful Fault and Increased Premiums

Determining fault requires a thorough investigation and analysis of the facts, though the at-fault party might try to wrongfully blame you to avoid liability. By accepting wrongful fault, you risk obtaining full compensation and can experience increased insurance premiums. Always consult a car accident lawyer who can determine and prove liability for your injuries and property damage. 

An Alabama Car Accident Attorney Can Help

If you or a loved one have been involved in a car accident in Alabama and need assistance with property damage claims, Luck Law LLC is here to help. Contact us today for a free consultation and let us seek the compensation you deserve.