If Iwas in a accident which wasn’t my fault, should I go through my insurance orthe other driver’sinsurance to have my car fixed?

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If Iwas in a accident which wasn’t my fault, should I go through my insurance orthe other driver’sinsurance to have my car fixed?

Will my insurance go up if I go through my insurance? Will it go up either way? What does no fault mean? Will either insurance company pay me 100%?

Asked on August 6, 2010 under Accident Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) "No fault" is protection for bodily injuries--not car or property damage.

2) If you have collision coverage on your own car, it will pay for the damage, up to policy limits. You'd submit a claim to your own insurer. This is optional insurance, so you might not have it.

3) If the other party was fault and has liablity insurance (I believe NY requires at least some, so unless he broke the law and didn't buy insurance, he should have some), then you can claim against his policy, and if the insurer believes he was at fault, will pay up to the policy limits. Your own insurer may be able to guide you.

4) If the other party had no insurance or his insurer does think he was at fault, you'll have to  sue to try to collect. However, if he has no insurance, he might not have money, either.

5) If the other party is not at fault, you won't win a lawsuit or be able to collect from his insurance.


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