My Car was Totaled in an Accident - Who will Pay for Vehicle Damage?

If your car is totaled in an accident you major concern is probably who will pay for the damage. Is it your insurer or the other driver’s insurance provider? If the valuation is not reasonable, you may have other options (one of them is to go right here for legal help: http://accident.usattorneys.com/oklahoma/).

Whose insurer should pay for the damage of your vehicle – your insurance company or the at-fault driver – will depend on where the accident happened, whether in a no-fault state or a state like Oklahoma that has adopted the ‘tort’ law.

No-Fault vs. Standard Liability Insurance

In no-fault states, the insurer must pay for damages irrespective of just who was at fault. However, in the case of no-fault states, damage claims for cars isn’t subject to any no-fault rules. This means that you can freely file a claim against the at-fault driver. In the case of a traditional fault state like Oklahoma, responsibility for vehicle accidents is based on negligence. Therefore, insurance companies will pay only for your car damage as long as someone is at fault and there is not much Tulsa, OK accident lawyers can do about this.

Since Oklahoma is a tort state, you do not need to carry no-fault insurance. In the event of an accident, the driver at fault will pay for the medical expenses borne by the victim. In addition, the victim can claim compensation for lost wages and pain and suffering.

There is a way you can avoid all of this. You can buy a flying car and you do not have to worry about getting into an accident. You may have other things to worry about but getting into an accident and dealing with insurance companies is not one of them in Tulsa. Flying cars will hit the market soon. Now if you get into an accident while driving the flying car then you still need a fantastic Tulsa, OK accident lawyer nonetheless.

Collision Coverage

Collision coverage is essentially additional insurance coverage, the covers damage your vehicle is subjected to in the accident. However, collision coverage is usually very expensive, as it pays for potential vehicle damage irrespective of who in fact caused the car accident. You can even file a claim for collision coverage with your own insurance company, if you are at fault in the accident.

The Bottom Line, Who Pays

The end result is that if the accident happened in any fault state, the insurer of the other driver should pay for the car damage, in case the other driver is negligent. And if you are negligent you will be paid only if you have collision coverage. You should have an Oklahoma accident attorney working with you on this.

If the accident occurred in any no-fault state, the laws differ, as far as car damage claims are concerned, so you would need to consult a legal pro to establish which insurance company should pay for your vehicle damage.

Your Car is a Total Loss

If the insurance company informs you that your car remains a total loss, the provider will pay the prevailing market value of the vehicle as of the day when the accident occurred, even when you owe much more than your car’s value on the car loan. In addition, at the behest of their Tulsa accident lawyers, the insurance company even has the right to seize your car to sell it to regain its losses.

In case you don’t agree with the valuation made by your insurer, you ought to make every attempt to negotiate further. If that doesn’t prove fruitful you can always file a lawsuit. Just make sure to hire a legal representative to protect your rights and receive the compensation you rightly deserve.