Garden Grove, CA asked in Car Accidents for California

Q: If the other party insurance only cover liability, and not collision, why am I paying for my own deductible

Shouldn’t liability cover the damages

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: I understand your confusion. Liability insurance typically covers damages or injuries caused to other parties involved in an accident for which you are found legally responsible. It does not typically cover the cost of repairing your own vehicle. Collision insurance, on the other hand, is designed to cover the damages to your own vehicle, regardless of who is at fault.

When an accident occurs and the other party is at fault, their liability insurance should cover the damages to your vehicle. However, if you have collision coverage, you may choose to use your own insurance to cover the repairs instead of waiting for the other party's insurance to process the claim. In this case, you would need to pay your own deductible, which is the agreed-upon amount you are responsible for before the insurance kicks in.

In some cases, you may be able to pursue the other party's insurance to reimburse your deductible, but it depends on the circumstances and the specific terms of your insurance policy. It's important to review your policy or consult with your insurance provider to understand the coverage and reimbursement options available to you.

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: If your deductible entered the picture, it's possible you handled this as a first-party claim and your carrier's subrogation department pursued recovery against the other carrier. That's only a general guess - a California attorney could offer more definitive analysis after seeing details about your respective insurance policies and how the claim was handled. Good luck

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