Who Pays for Car Damage When I’m Not at Fault?
Who pays for your vehicle damage in a Pittsburgh car accident when you’re not at fault? Simple: Whoever caused the crash. Proving someone else caused your injuries can be challenging, though. Furthermore, how much financial stress you experience before the other driver pays up depends on your insurance coverage and other elements specific to your situation.
Pennsylvania’s Auto Insurance Laws
The determination of which party is liable for a Pennsylvania motor vehicle crash is based on negligence. A person is negligent if they fail to take reasonable steps to avoid causing the collision which resulted in your property damage and injuries.
For instance, consider a situation where a distracted driver rear-ends you. Distracted driving keeps drivers from watching the road and will soon be a primary offense under state law. Because the driver in this scenario was distracted, they acted negligently and are liable for any damage to your vehicle.
If you can prove the other driver was distracted or negligent in some other way through cellphone records or other evidence, you can demand compensation. According to the Pennsylvania DMV, all auto insurance policies issued in the state must include at least $5,000 in property damage liability coverage. Therefore, the driver who hit you should have at least $5,000 in insurance coverage to pay for damage to your car. (This scenario assumes the driver who hits you is from Pennsylvania. Other states have different minimum coverage amounts.)
You have other options to recover compensation if the driver doesn’t have insurance or your vehicle damage exceeds their policy limits. You can file a lawsuit against the driver and go after any assets they might have. If you have collision coverage through your insurance, you can file a claim and have your insurer pay for the damage. You might need to pay your deductible even if the other driver caused the crash, depending on your coverage.
Finally, you can file a claim against another party who contributed to the crash. For instance, if the other driver’s car had defective brakes, you might have a claim against the car’s manufacturer.
How Do You Prove the Other Driver Caused the Crash?
While all Pennsylvania auto insurance policies must include no-fault medical benefits, you must prove the other driver or someone else damaged your car to make them cover the expense of repairs. Some evidence you can use to support your case includes:
- Cellphone records – A driver’s cellphone records might show if they were talking on the phone or texting when the crash happened, meaning they were distracted.
- Surveillance footage – Footage from traffic or surveillance cameras might show another driver weaving through traffic, tailgating, looking at their phone, or acting unsafely in some other way.
- Eyewitness testimony – Eyewitness accounts may reveal that the driver acted carelessly or recklessly in the moments leading up to a crash. For example, someone might have seen the driver with a phone or drink in their hand.
- The police crash report – Police accident reports may contain notes about any tickets the officer issued, which might indicate that a driver caused the collision.
Contact Our Pittsburgh Car Accident Attorneys for Legal Help
The Pittsburgh injury lawyers at Ainsman Levine, LLC can gather evidence to prove someone else caused a crash and manage all the legal work in your claim. Call (412) 338-9030 now or complete our contact form for a free consultation.