The damage from a car crash can involve more than just damage to both driver’s vehicles. Many times, other items of personal property get caught up in the mix. The individuals who own these items have every right to seek compensation for damage to their own property. However, the question arises as to who pays for the damage. Is it the responsibility of the at-fault driver or both drivers?
We have asked attorney Alaina Sullivan about what you should do. Here is what she had to say:
Who Pays for the Damage?
Even if you are in a state where fault plays a part or if you live in a
Seeking Damages from Not At-Fault Driver
However, if the at-fault driver does not have insurance coverage, the property owner may attempt to recoup losses to his or her property from you, the other party involved in the accident. That means he or she will file a claim against your insurance policy. You can try to fight this claim and force the property owner to seek compensation by suing the at-fault driver directly or you could all the claim and then you seek compensation directly from the at-fault driver, depending on what you think is best. For instance, if the individual seeking compensation is a family member or friend of yours, you may choose to help that person out first and then recoup your own losses. However, you are not under any obligation to comply and could very well fight the claim since the at-fault driver should be the individual responsible for the damages.
At-Fault Driver Claim against Not At-Fault Driver
In states where contributory or comparative negligence play a part, the at-fault driver may seek to recoup some of what he or she paid for the damage from you. In these states, if you, as the other driver involved the car accident played any part at all in the cause of the accident, any award for damages you would receive could be reduced by the percentage of fault you played into why the accident happened. Along the same lines, if the owner whose property was destroyed by the accident seeks compensation for damages from the at-fault driver, the at-fault driver could then seek compensation from you for your portion of the fault for the accident. This could be done upfront or through the settlement process between you and the at-fault driver or it could be part of litigation if you are not able to come to an agreement.
Legal Claim against At-Fault Driver
The property owner always has the option to file a legal claim to seek compensation for damages to his or her property by filing a legal claim against the at-fault driver directly, in the event he or she does not have insurance coverage. This process is a little lengthier, but the property owner would have a valid claim to pursue.
Homeowner’s Coverage
Depending on the property owner’s coverage, he or she may also choose to recover for damage to his or her property through his or her own homeowner’s coverage. Even if the property was not actually in the home, if the coverage extends to the property, such as on a rider or umbrella policy, the property owner may be able to recoup the loss or be compensated for damages without having to pursue a claim against either driver.
Contact an Attorney Today
If you have been in a car accident and someone else’s property was damaged, leaving you unsure of how to handle any request for compensation from that party, it is recommended you contact an attorney today to discuss your case if you do not currently have a lawyer or have any questions. A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
