How does car insurance work when you are at fault

Everything you need to know about car insurance in an accident

Accidents on the road are a fact of life. If you've never been in a collision, you probably aren't familiar with the process behind how car insurance works in an accident.

In short, after an accident occurs and the incident is recorded, the at-fault party needs to lodge a claim with their insurer. This enables both cars to get fixed right away. Most of the time, the excess is paid after repairs are complete, when the car is picked up.

How does car insurance work?

Car insurance is an amount of money you pay that protects your vehicle. It offers compensation in the event of damage, fire, theft, and a range of other incidents. Car insurance can also cover you for damage caused to other vehicles and property following car accidents.

Car insurance claims are complex and stressful. If you've been in an incident and don't know what to do next, call Sheen Panel Service. Not only can we fix your car, but we can help you navigate the insurance process, working with your insurer to get the best possible result for you.

Should I make a claim?

How does car insurance work when you are at fault

Now that the worst is over, you can focus on making your insurance claim with the benefit of a clear mind.

  • Review your product disclosure statement and see if the damage is covered
  • Do not make a claim if the repair bill will be less than your excess
  • If you are at fault, you might have to pay the excess with no refund
  • You will also forfeit your no claim bonus if you make a claim

Once you've decided to make a claim, you need to contact your insurance company to begin the claims process. This can be a fast or slow process, depending on how prepared you are. Ensure you have all the necessary documentation on hand, including the police report, and images of the damage.

If you are unsure whether or not you should make a claim, speak to Sheen Panel Service. As well having over 50 years in smash repairs, our team will take care of your claim, from lodging with your insurer, to final repairs of your vehicle.

How do insurance claims work after an accident?

The process

Insurance companies are expected to pay out for incidents that fall under their coverage. Every insurance company has its own process on how claims are handled, but most adhere to the General Insurance Code of Practice.

The Code states the following:

  • Insurance claims must receive a 'accepted' or 'denied' response within 10 business days
  • In this period, insurance companies must let you know if they require additional information
  • If an insurance claim is denied, the insurer will advise written reasons why it was denied
  • At your request, your insurer will supply you with all reports related to your claim

Your excess

An excess is an amount that must be paid after repairs are complete. These are paid to the mechanic or panel service that repaired the car.

At fault damages

If the accident was not your fault, your insurer will attempt to recover costs from the other party's insurer. This will cover any costs incurred by the accident, including repairs, towing and rental car hire.

This process of investigation will see your insurer contact other drivers, their insurance companies, and eye witnesses. It's also the main benefit of comprehensive car insurance following an accident - ensuring that parties are protected from costly bills if they are not at fault.

Sheen Panel Service will work with you and your insurer throughout this part of the process. While we perform the highest standard of repair on your vehicle, we will keep an open line of communication. This will help your claim progress smoothly, and promote transparency between all parties.

Contact Sheen Panel Service

How does car insurance work when you are at fault

Car accidents often cause more confusion than damage. Thankfully, moving forward after an accident is simple. Record the incident, talk to your insurer, get your car repaired and, if you were not at fault, wait for your insurer to get a refund on your behalf.

If you are unsure of where you stand following an accident, the best thing to do is call Sheen Panel Service. We can advise you on the next step to take, and work with your insurer to help you get back on the road again.

How does car insurance work when you are at fault

A car accident is stressful enough, but what if the accident is partially or entirely your fault? What you do next depends on where you live, your car insurance coverage, and your degree of fault in the accident. No matter how much fault you share for the accident, an attorney can help you.

You may think you are not entitled to any compensation if you are at fault for the accident, but that may not actually be true. Our personal injury attorneys can review your case and advise you on how best to proceed and what to include in your claim. You may still be entitled to damages even if the accident was partially your fault.

What Happens if the Car Accident Was Your Fault?

How fault is handled after a car accident depends on where you live. There are “fault” and “no-fault” states:

  • In fault states, the person at fault for an accident is liable for the damages of anyone injured in the accident.
  • In no-fault states, each person’s car insurance typically covers their damages.

Most states are at-fault states, including Georgia, and that’s what we will focus on in this article. If you were at fault in a car accident and you live in a fault state, you (or, usually, your car insurance) is responsible for the other drivers’ damages. The other driver(s) will be entitled to file a claim with your insurance company.

What Damages Are Covered if You Cause a Car Accident?

In personal injury cases, “damages” are any losses resulting from an accident where someone is negligent. These damages can include:

  • Medical bills and other treatment costs
  • Prescription medications
  • Vehicle damage
  • Lost wages
  • Pain and suffering damages

In most cases, you will not have to pay for these damages out of your own pocket—unless they exceed your auto insurance policy limits. If the injured driver takes you to court for more money than your policy will pay, you may be responsible for the additional costs. This can happen in serious car accidents, such as those resulting in serious injuries or death. It’s best to get a car accident lawyer to help in this situation.

In most cases, your insurance company will agree to a settlement with the injured driver and you won’t need to go to court.

What About Damages to Your Own Vehicle?

Your car insurance policy is responsible for the other driver’s damages if you are at fault. But you might wonder about your own damages.

If you purchased collision coverage as part of your policy, it should cover your vehicle damage from the accident. However, you will still need to pay your deductible, which is a certain amount of money you must pay before the policy starts covering your damages.

For example, if you have $2,000 worth of car damage from the accident and your deductible is $500, you would pay $500 and your insurance should cover the rest.

What Should You Do After a Car Accident You Caused?

Even if you were fully at fault for a car accident, there are things you should do to protect your rights.

Stop and Stay Safe

Stop and make sure you are out of the way of traffic. Check for injuries in your vehicle and any other cars, and call 911 if anyone is seriously injured or killed.

Report the Car Accident

Call the police to report the accident. Do not leave the scene until police arrive. If you do, you can get charged with a hit and run.

Exchange Information

Exchange names, insurance information, and phone numbers with the other driver(s). You might also write down their license plate number and note the make and model of their vehicle.

Document the Scene

Take pictures of the accident scene, including the location of all vehicles, any injuries you suffer, and all vehicle damage. Picture evidence will prevent anyone from changing the story later.

Tell Your Insurance Company

Call your insurer to let them know that the accident happened. Most policies require that you report an accident as soon as you can. Otherwise, you could miss out on coverage.

Police might also give you a ticket for causing the car accident. It might be tempting to avoid this, but failing to report the accident is far more serious.

For a free legal consultation, call 404-400-4000

Sometimes, there is more than one at-fault driver in an accident. This is common when more than two vehicles are involved. The laws on partial fault vary per state.

In Georgia, according to OCGA §51-12-33, you are only responsible for the percentage of fault you hold in the accident—as long as you are less than 50% at fault. Here’s how it works:

  • Your percentage of fault is decided and your damages are calculated.
  • Then, the damages you would otherwise be awarded are reduced by your percentage of fault. This allows you the chance to recover for some of your damages if you were not fully at fault in the accident.
  • If you are 50% or more at fault for a car accident in Georgia, you will not be entitled to recover any damages.

A car accident lawyer can help determine the full extent of your damages and make sure your rights are protected throughout the process. You should not have to pay for more than your degree of fault in an accident.

Will My Car Insurance Rates Be Affected By the Accident?

  • If you were 50% or more at fault for the car accident, your car insurance rates will likely increase upon renewal. To know the details for sure, contact your insurance company.

Some policies will offer “accident forgiveness” if you go long enough without causing another accident. However, accident forgiveness is something you would need to purchase ahead of time for it to benefit you after a current accident.

Can You Proceed without an Attorney?

You can handle your case without an attorney’s help – that decision is entirely up to you. However, an attorney can definitely help sort out matters that can quickly become complicated. Plus, if you have an attorney on your side, you may be able to still get damages even if you are partially at fault for the accident.

Without an attorney helping you, and especially if the other driver’s insurance company knows you were partially at fault, you may have significant difficulty trying to collect any damages at all, even if you’re entitled to them. And you may be mistaken about being at fault at all. Your attorney can help establish who truly holds liability for the accident.

Types of Damages You Can Claim

Some of the damages you may be entitled to in your claim can include:

  • Reimbursement for your medical treatment
  • Repairs to your vehicle
  • Lost wages if you had to miss work due to recovering from the accident
  • Wrongful death, if you lost a loved one in the accident

Get Help After Your Car Accident

Whether you are at fault or not, car accidents are stressful for everyone involved. Remember to breathe and focus on the positives. In the best-case scenario, all parties will leave with only minor damages and can move on from the incident. Everyone makes mistakes, but it’s important that the at-fault party is held responsible.

If you need assistance with a car accident claim, John Foy & Associates can help. We have been representing car accident victims and helping them get the recovery they deserve for over 20 years. We work only for injury victims—never for insurance companies. For questions about your case and to schedule a FREE consultation, call us today at (404) 400-4000 or contact us here.

Call or text 404-400-4000 or complete a Free Case Evaluation form

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

What happens if I'm at fault in a car accident California?

If you live in a fault state, the person responsible for the accident will hold liability for anyone's injuries. The other driver would file a claim with your insurance company, and you or your car insurance will pay for losses.

Is Pennsylvania a no

This includes medical, personal injury, and property damage. However, Pennsylvania is one of a handful of states that is called a “no-fault” state. This means that each party, regardless of who is at fault, collects compensation such as lost wages and medical bills from their own, respective insurers.

Is Arizona a no

Arizona is a fault-based insurance system. This means that in Arizona, the one who is responsible for causing a car accident is also responsible for paying for the damages.

Is Nevada a no

Nevada is not a “no-fault” state. In a no-fault state like Florida, injured motorists contact their own insurance company after an accident, regardless of who caused the crash.