Of course, if someone damages you, and your car, through no fault of your own, you are entitled to recover damages for personal injury, and for damages to your property as well. While you are entitled to collect your full property damages from the at-fault driver, or their insurance, many of my clients have chosen to pursue repair through their own collision insurance coverage. The downside is that they frequently have to pay their deductible. The upside is that typically, the overall process is quicker.
If your car can be fixed, you're entitled to reasonable repair costs plus a reasonable amount for loss of use [e.g. rental]. If your car is a total loss, you're entitled to the fair market value of the car, plus loss of use while you replace the car.
The prudent driver will carry "GAP" insurance on all vehicles they do not own outright. There is also a separate type of property damage claim dealing with the loss of value called "diminution of value" discussed in another chapter. I am frequently asked the question posed title of this article. Who pays to fix my car after an accident? I am also frequently asked to provide an opinion on the reasonableness of a property damage offer, and I am aware of alternatives for you if you don't want to accept it.
-This Article was updated by Eric Kirk on 4/30/19.