Recovering for Damages to your Car in an Automobile Accident

When a car is damaged in an auto accident as a result of someone else's negligence, there are usually two ways to handle getting compensation for the damages. You can make a claim with your own auto insurance. When you do so, your recovery is limited by the contract you signed with your insurance company. Usually, you will have a deductable. In addition, if you did not purchase rental coverage, you may have to pay out of your own pocket for transportation while your car is getting repaired. Furthermore, your own insurance company usually makes sure their contract with you does not cover you for any diminished value of your vehicle. Instead, most policies usually only cover the cost of repairs.

The second way to handle getting compensated for damages to your automobile in a car accident involves making a claim against the insurance company of the person that caused the accident. This is not always possible because many people in Florida do not carry this type of coverage. However, when the at fault party does have the proper coverage it is definitely the best way to go. Under Florida law, the at fault party is not only responsible for the cost of repair; they are also responsible for any decrease in value of the vehicle after the repair and the loss of use of the vehicle during the reasonable time of repair. As described above, the additional damages of diminished value, and loss of use are usually not available when you make a claim against your own insurance.

As a personal injury attorney, I often advise car accident clients, which type of claim should be made in their specific case based on the insurance available and the type of damage to the vehicle. When it makes sense to do so, I also file suit against the at fault party for personal injury damages and damages to our client's car.