Law

Determining Who Is Responsible For Property Damage After A Car Accident

Car accidents are, unfortunately, a disaster that many motorists face. This is where car insurance can come in very handy. In certain cases, the insured can be compensated for material damage caused by a road accident. Let’s see together in which case it is possible to be compensated and who pays for property damage in car accident.

If material damage occurs during a car accident, it is necessary to report the car accident. For that :

  • Complete the amicable report or the e-report with the driver involved;
  • Send a copy of the report to your insurer within 5 working days.
  • After sending the claim report, the insurance company generally assesses.

The Damage Assessment Procedure

In order to assess the material damage occurring during a car accident, most insurers call on an expert such as Lehmbecker Law Firm for example to estimate the cost of auto repairs.

An expert will carry out the following checks:

  • The identification of the car
  • Observation of material damage
  • The consistency between the damage noted and that declared in the report
  • The degree of repairability of the vehicle
  • The definition of the obsolescence of the car
  • The calculation of the replacement value, according to expert opinion, the Vrade

Usually, the expert report is sent to the insurance company and the insured within 8 to 12 calendar days. You have the freedom to contest the opinion drawn up by the expert by calling on another expert to establish a second opinion. Please note the fees will be the responsibility of the insured.

How Much Is The Compensation For Property Damage Suffered In A Car Accident?

After taking into account the insured’s car contract, the guarantees taken out, the degree of responsibility of the insured, and receiving the expert’s report, the insurer will decide on the amount of compensation.

As a result, three situations are possible regarding compensation for material damage caused during an accident  :

  • The insurer fully compensates the insured;
  • The insurance partially covers the costs of the damage;
  • The insurance company does not reimburse damage to the insured’s vehicle.

The driver will be offered a compensation offer if they are eligible for the support criteria. As with the expert report, it is possible to contest the insurance offer. You can contact your insurer if you do not agree with the estimate of the amount of compensation.

Please Note

If the author of the accident is not identified or insured, you can be compensated by the Victims’ Guarantee Fund. For that :

  • Go to the organization’s website;
  • Complete the compensation request form;

Provide a copy of the expert report, the paid repair invoice, and the car insurance contract, indicating the nature of the guarantees taken out.