Who Pays for Car Repairs After an Atlanta Accident?

Georgia’s Fault-Based Property Damage System

Georgia follows an at-fault system for car accident property damage, meaning the driver who caused the accident is financially responsible for vehicle repairs or replacement. Their liability insurance should cover your property damage up to their policy limits, which in Georgia must be at least $25,000 for property damage.

Using the At-Fault Driver’s Insurance

Filing a third-party claim with the at-fault driver’s insurance company is the most common approach. However, this process can take weeks or months if liability is disputed. The insurance company will send an adjuster to evaluate damage, and you’re entitled to choose your own repair shop despite any insurer recommendations.

Using Your Own Coverage for Faster Repairs

If you have collision coverage, you can file a claim with your own insurance for immediate repairs. You’ll pay your deductible upfront, but your insurer will seek reimbursement from the at-fault party through subrogation. Once successful, your deductible should be refunded and your rates shouldn’t increase for a not-at-fault accident.

When You Don’t Have Collision Coverage

Without collision coverage, you must wait for the at-fault driver’s insurance to accept liability or pursue the driver directly in court. This can leave you without transportation for extended periods, making rental car coverage particularly important during the claims process.

Total Loss Determinations

Georgia insurers typically declare a vehicle totaled when repair costs exceed 75% of its actual cash value (ACV). You’re entitled to the ACV based on your vehicle’s pre-accident condition, including factors like mileage, options, and local market values. Always review comparable vehicle sales to ensure fair valuation.

Disputing Property Damage Valuations

• Obtain independent appraisals: Hire your own appraiser for an unbiased assessment
• Document recent maintenance: Provide records of upgrades and repairs
• Research comparable sales: Find similar vehicles selling for higher prices
• Consider unique features: Ensure all options and modifications are valued
• Negotiate firmly: Initial offers are often below fair market value

Diminished Value Claims in Georgia

Georgia law recognizes diminished value claims, compensating you for your vehicle’s reduced worth after repairs. Even perfectly repaired vehicles lose value due to accident history. You can claim this difference from the at-fault driver’s insurance, particularly important for newer vehicles or luxury cars.

Common Property Damage Disputes

Insurance companies often create delays by disputing liability percentages under Georgia’s comparative negligence rules, using aftermarket parts instead of OEM components, undervaluing vehicles or missing equipment, refusing diminished value payments, or delaying approval for supplemental repairs discovered during work.

Uninsured/Underinsured Motorist Property Damage

If the at-fault driver lacks insurance or has insufficient coverage, your uninsured motorist property damage coverage (UMPD) can help. This optional coverage in Georgia pays for repairs minus your deductible when the at-fault party cannot. Without UMPD or collision coverage, you may need to sue the driver directly.

Storage Fees and Time Limits

Act quickly on property damage claims, as storage fees accumulate daily if your vehicle is towed. Insurance companies typically only cover reasonable storage periods, and delays in pursuing repairs can result in personal liability for extensive storage costs. Most insurers require damage inspection within 30 days of the accident.

When to Hire an Attorney for Property Damage

While property damage claims are often straightforward, contact an Atlanta car accident attorney if the insurance company disputes fault or coverage, your vehicle’s value is significantly undervalued, repairs are delayed unreasonably, or you have substantial diminished value claims. Legal representation ensures you receive full compensation for all property damage.

Related Questions

• Am I entitled to a rental car after an Atlanta accident?
• How do I file an insurance claim after an Atlanta accident?
• What if I was partially at fault in my Atlanta accident?
• What if the other driver has no insurance?