Property Damage – How to get your car fixed when in a collision in Arizona
The first thing to consider when deciding the best way to handle repairs to your vehicle is what type of coverages you have on your own auto insurance. Many times people think they have “full coverage” or do not know what coverages they have. There is really no such thing as full coverage as there are many different types of coverages and different insurance limits that you can have for the various coverages. The insurance coverages regarding property loss are as follows:
1) Liability – this covers damage that you do to others. The minimum limits for this coverage required by Arizona Law is 15/30/10. That means you have coverage in the amount of $15,000.00 per person for injury or $30,000.00 per accident and $10,000.00 for property loss. Liability coverage is required by law and covers only damage that you cause to others.
2) Rental Car Coverage – this covers the cost of a rental vehicle while your car is being repaired. Many times there are limits on this coverage, such as 30 days maximum, $1,000.00 maximum, $30 per day limits, or even 80/20 policies where 80% of your rental is covered. Rental coverage can make things easier or more convenient as you will see below.
3) Comprehensive and Collision – this covers damage to your vehicle and there is typically a deductible such as $250.00, $500.00, or $1,000.00. A deductible is the amount that you are responsible to pay in the event of damage to your vehicle. If another party is at fault, your insurance may get paid for the loss and you will get your deductible reimbursed. Arizona law prohibits an insurance carrier from raising your rates if you are not substantially at fault for the loss. See A.R.S. section 20-263.
4) Gap Coverage – In the event that you owe on a loan more than the vehicle is worth, Gap Coverage will pay the difference between the value of the vehicle and the loan if the vehicle is a total loss. People sometimes have Gap Coverage through the lending institution or dealership separate from their auto insurance policy or sometimes the lender will require the owner to purchase the Gap Coverage. If you are in a situation where your car is totaled and more is owed, you should check with your lender, the dealership and your auto insurance for Gap Coverage. People don’t always think about it, but Gap Coverage is inexpensive and something to consider when purchasing a vehicle.
The next thing to consider is who is at fault for the collision and whether there is insurance coverage. If the other driver is at fault, in most cases the other driver’s insurance carrier will have to review the police report before they can determine liability. A police report will typically take three weeks or more to issue in Arizona. This can differ by city and can be much longer if there is a DUI, hit and run, fatality or serious injury, or other factors that would cause the investigation to take longer. The officer will typically give each party an accident exchange card with the other driver’s insurance information, but in most cases the other driver’s insurance will not accept liability until the police report issues. For this reason, it is often advisable to get repairs started through your own insurance. If you have a deducible, the deductible will be due when the repairs are completed. Likewise, if you are getting a rental car, you will have to give the rental company payment information, such as a credit card, and you will be charged when the car is returned pursuant to the rental company policy.
In many instances by giving the body shop and rental company your insurance information as well as the other driver’s insurance information, you can get the repairs started without having to wait weeks for the police report to issue. Then, in many cases by the time the repairs to the vehicle have been completed, the police report has issued and the other insurance carrier will pay for the rental and repairs directly. If the police report has not issued and/or the other carrier has not accepted liability by the time repairs are completed, you will owe for your deductible and the rental when you pick up your car. Your insurance can subrogate the claim for what they pay for repairs to your vehicle and you can get reimbursed for your deductible and rental when the other carrier accepts liability. If you do not have collision coverage, or if the damage is less than your deductible, you may need to wait for the other driver’s insurance to accept liability or pay for the repairs out of pocket.
When your vehicle is repaired, you should always make sure that all body work and repairs are perfect before accepting the vehicle and driving off. You should also do appropriate diligence to make sure that you get a good body shop and a warranty for repairs. You have the right to choose your own body shop and the insurance carrier may not tell you where to go.
If your vehicle is a total loss, you should make sure that you are getting appropriate value for the vehicle. You can check the vehicle value on www.kbb.com and web sites that list vehicles for sale. Make sure the adjuster is considering the condition of your vehicle, the options and option packages, and any recent service work that has been done. You can cash in your vehicle registration if the vehicle is totaled or put it toward registration for the replacement vehicle. You may even have a warranty on the vehicle that can be cashed in. If your vehicle is totaled, make sure to start shopping for a new vehicle right away. Your loss of use claim will end when you (or your lender) is paid for the total loss of your car. You should be sure to keep things moving with repairs or getting paid for the total loss of your vehicle. The rental only lasts for a reasonable repair period or until you are paid for the total loss of your car.
If you are injured, you should not give any statements as to the extent of your injuries. Speak to a lawyer first and as soon as possible after the accident! You may even want to talk to a lawyer before discussing the facts of the accident. Insurance carriers typically record every call and what you say can be used against you.
This is only a guide to assist you with getting your vehicle repaired and knowing what issues may come up. It is not possible to make a completely comprehensive guide for every possible situation. If you are in a collision, it is always a good idea to speak with a lawyer first. If you were injured, you should always speak to an injury lawyer as soon as you can. There are so many complexities with injury law, insurance, health care and treatment, liens, health insurance, etc. A good injury lawyer can help you to sort through it and to maximize your settlement. Please call me if you were injured in a car accident or have any questions at all as to how to get your car fixed. 602-692-4636. For further reading on repairs to your car, consult my online guide:
https://www.avvo.com/legal-guides/ugc/how-to-get-my-car-fixed-when-involved-in-a-car-accident—az