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Ga. Car Accident Legal Resource: My car was totaled, but no one was injured. What must I do now?

Published February 12, 2018 by Bruce Millar

After a wreck, we recommend that you immediately contact the insurance carrier of the driver who was at-fault.  However, you want to be protected in case that insurer does not pay your property damage claim for some reason. So, contact your own insurance company as well.

If you go through the other driver’s insurance company for a rental car, it may take a while for a decision to be made on repairing or replacing your car. The insurer will examine police reports and may interview witnesses before it accepts liability.

Also, the insurer will need to decide whether it will pay you the fair market value of your car or pay for it to be repaired. The insurer for the driver who was at-fault  in the car accident should provide you with a rental car or reimburse you for a rental car while a decision is being made to repair or replace your own vehicle.  If you have rental-car insurance coverage on your own policy for an accident, you may have the option of going through your own insurance company for your rental car.

If you go through your own insurance company, you would be turning to your own collision insurance coverage. You may need to pay a deductible for the repair or replacement of your car. Also, you could end up paying for rental expenses if you do not have car rental coverage or have only a limited number of rental days available.

To learn more about property damage issues, please see The Millar Law Firm’s free, downloadable guide.

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