What to do if my car was hit by debris due to a car accident?

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What to do if my car was hit by debris due to a car accident?

My car was hit by debris due to a car accident that had just happened. Will the other party’s insurance pay for damages on my car? Debris was left in the middle of the freeway and not moved by CHP, will CHP pay Damages to my car were well over $1000.

Asked on April 20, 2012 under Accident Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You have a claim for property damage which should be filed with the at-fault party's  auto insurance carrier.  The at-fault party's insurance carrier should pay for the cost of repairs to your car.  If you need a rental car while your car is the repair shop, the at-fault party's insurance carrier should pay for your rental car.  The insurance carrier probably has a maximum daily rate it will pay for a rental car.  Also, the insurance won't pay for the collision damage waiver on the rental car, but if you have adequate insurance, you won't need the collision damage waiver on the rental car.


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