Question:

About Auto insurance. How to handle this situation?

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I'm wondering if car A and car B got hit by each other, and car A was right car B was wrong. Nobody was injured, but car A was dented. So my question is: Would car A be able to get some money from car B for the dented car A? (both r insured) or car A has to fix it with his own money (if not insured collision nor compensation)?

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  1. It depends on the negligence laws of the state where the accident happened.

    There are 4 main types of negligence laws. Each state follows some version of one of the 4.

    Here's the Cliff's note version:

    Contributory Negligence: if you contribute to an accident you are barred from recovery. So If A: is 20% at fault and B is 80% - then each has to pay for their own damage.

    Modified Comparative - there are 2 types of modified comparative - the main difference in the two is what happens at 50%. In the 49% or less- in order to collect from another person, you have to be 49% or less at fault. That means - if Car A is 20% and Car B is 80% - car be would pay for car A. But car A would not get anything from B. In the 51% or more- you have to be 50% or less to recover. So if A is 50% and B is 50% - A pays 50% of B and B pays 50% of A,

    Pure Comparative - is straight %. So if A is 10% at fault and B is 90% at fault -- then A is paid 90% by B and B is paid 10% by A.  


  2. Discuss it with car B and see if you can get money to fix your car A. That way you can avoid higher insurance rates. If the paint isn't scratched you can go to a dent clinic. With something like a $500 deductible limit it might be cheaper to fix the car yourselves anyway and avoid getting your insurance rates increased.

  3. Report it to the insurance company and let them determine fault and compensation

  4. Its hard to get money from the insurance co. if you weren't hurt a lot of people might act like they are hurt and get a lawyer, but that would be dishonest. otherwise the insurance co will pay to have your car fixed, and that's about it. I don't know what the laws are where you are, but here if you don't have a lien on your car the insurance co will write you a check and you can fix the car or not. you decide. If the bank owns your car the insurance co. will write a check to the body shop of your choice to fix your car and you get nothing.

  5. Yes.Car B's auto insurance would be liable for the damage to car A only if it was ruled at fault to car B from the police report.

  6. Car B owes for your damages as they damaged  car A.  It would be covered  by their liability policy.

    Some people offer to pay for things out of pocket.  In  my experience this rarely works out as they never like the estimate you get no matter where it comes from.

    Report it to Car B ins company and let them take care of the damages.


  7. If neither car A or car B reported an accident to police, car A and B are probably both in a bit of a pickle.  But really car B is the one who's liability coverage will repair car A.  A question to consider is if car B just gives car A some cash for denting car A then car B would save plenty of dough on insurance, and maybe car A can live with the dent if it's an older car, and just take the cash as sort of a depreciation payment.  I say this Because another poster's car A was involved in a vandalism incident caused by hooligan B and now car A is paying higher insurance premiums as a result of their claim, while hooligan B is out freely roaming the streets.

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