Who pays for damages in a car accident?

Asked by: Reagan Lakin  |  Last update: February 7, 2026
Score: 4.4/5 (60 votes)

In a fault state, the at-fault driver's auto insurance (specifically their property damage liability) pays for damages, but in no-fault states, your own Personal Injury Protection (PIP) covers your injuries, while the at-fault driver's liability still covers your property damage, though you might use your own collision coverage for your car's repairs and pay a deductible. The key factor is liability, determined by who caused the accident, affecting who pays for different types of losses (medical vs. property).

How does insurance work when it's not your fault?

More typically, no-fault means that regardless of who is at fault, the insurers cover their own clients' damages, period. And the fault determination is then used to determine how much to raise the clients' premiums.

Who pays for damage in a car accident?

California Is a Fault-Based State For Auto Accidents

California follows a fault-based system(sometimes called a “tort” system) for car accidents. This means that the driver who caused the accident is responsible for paying damages. Their insurance company typically covers the costs up to the driver's policy limits.

How does insurance pay for damages?

Once your claim is approved, the insurance company will determine the payment method. This can vary depending on the company and the nature of the claim. Some insurance companies may issue a check directly to the policyholder, while others may opt for direct payment to a repair shop or medical provider.

How much should you settle for in a car accident?

You should consider seeking compensation that is 3 to 5 times your pain and suffering. Begin with a figure that is 5 times your medical expenses and lost earnings, then adjust downwards from that point.

Lawyer Reveals Easy Car Accident Claim Process

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How much do you get paid for pain and suffering in a car accident?

You can get a wide range for pain and suffering in a car accident, from a few thousand dollars for minor injuries (sprains, whiplash) to hundreds of thousands or even millions for severe, permanent harm (brain/spinal cord injuries, burns). Compensation depends heavily on injury severity, duration of suffering, medical costs, lost wages, and other factors, often calculated using a "multiplier" (1.5 to 5) of your economic damages (medical bills, lost income). 

How much compensation for anxiety after a car accident?

Compensation for anxiety after a car accident varies widely, from a few thousand dollars for mild, temporary stress to over $100,000 for severe PTSD or chronic conditions, depending on diagnosis, treatment costs, and impact on life, with severe cases often involving ongoing therapy, diagnosis, and documentation. Amounts are calculated as non-economic damages (pain and suffering) using methods like multipliers or per diem, and require strong medical evidence to prove the accident caused the anxiety. 

When a car is totalled, what does insurance pay?

Insurance pays the Actual Cash Value (ACV) of your car just before the accident, which is its market value minus depreciation, minus your deductible; they don't pay for a new car unless you have specific optional coverage like New Car Replacement, and you'll get less if you owe more on a loan than the car's value unless you have Gap Insurance. You can negotiate the offer by providing evidence of your car's higher value using valuation reports and comparable sales in your area. 

What not to tell insurance company after accident?

After an accident, you should not say "I'm sorry," "It was my fault," or downplay injuries ("I'm fine") to your insurance company, as these can be used to reduce your claim; instead, stick to facts, avoid recorded statements, and don't speculate on fault or the full extent of your injuries, letting a doctor and potentially a lawyer handle the details. 

What is the 80% rule in insurance?

The "80% insurance rule" in homeowners' policies requires you to insure your home for at least 80% of its total replacement cost to avoid coinsurance penalties and receive full coverage for partial losses; if underinsured (below 80%), the insurer reduces payouts proportionally, making you responsible for more of the cost, a concept also applied to some flood insurance policies. 

How do you get money after a car accident?

Settle with an Insurance Company

Many drivers choose to settle a claim with the insurance company after a car accident. Settlement typically involves a period of negotiations with insurance agents, resulting in a deal that should cover the losses you sustained as a result of the collision.

What not to say to an insurance claim adjuster?

When talking to an insurance adjuster, never admit fault, apologize, speculate on injuries or the accident's cause, agree to a recorded statement, or give unnecessary details, as these can be twisted to weaken your claim; instead, stick to basic facts and state you're working with an attorney if possible. Avoid phrases like "I'm fine," "It was my fault," or discussing social media, and never accept immediate settlement offers. 

What is the most expensive part of a car to damage?

The most expensive car problems involve major systems like the engine, transmission, and hybrid battery, often costing thousands of dollars due to complex labor and parts, with catastrophic engine failure (like a blown head gasket or cracked block) being a top contender, sometimes making replacement cheaper than repair, alongside costly issues with the catalytic converter, advanced suspension, and electronic control modules (ECU).
 

What's the most money you can get from a car accident?

The most you can get from a car accident involves millions of dollars, typically for catastrophic injuries like spinal cord damage or traumatic brain injuries (TBIs) leading to paralysis or permanent disability, often exceeding $1 million, with some cases reaching $5 million or more; however, most settlements are far lower, ranging from a few thousand for minor injuries to tens or hundreds of thousands for severe but non-catastrophic ones, with wrongful death cases also potentially reaching millions.
 

When not to file an auto insurance claim?

5 Scenarios When You Should Definitely Pay Out of Pocket

  1. The Damage is Less Than or Slightly Above Your Deductible. ...
  2. You've Already Filed a Claim Recently. ...
  3. Minor Damage to Your Own Property. ...
  4. Single-Vehicle Incidents with Minor Damage. ...
  5. The Other Driver Agrees to Pay Directly. ...
  6. Major Damage or Total Loss. ...
  7. Injuries Are Involved.

Am I at fault if I hit a car in front of me because he slammed on his brakes very suddenly?

Generally, in a rear-end collision where you hit the car in front, you are presumed to be at fault because the law requires you to maintain a safe following distance to stop for foreseeable events, including sudden braking. However, fault can shift if the leading driver was illegally brake-checking (stopping with no reason), but proving this is difficult and usually requires evidence of intent, making it a more complex legal situation.
 

Why should you never admit fault?

You should never admit fault after an incident, especially a car accident, because even saying "I'm sorry" or "I was distracted" can be used against you by insurance companies and in court to assign liability, potentially costing you compensation for your own injuries, increasing your premiums, or leading to lawsuits, even if you were only partially at fault. It's crucial to remain calm, stick to factual information exchange (like insurance details), and avoid making definitive statements about who caused the accident until a thorough investigation by authorities and legal professionals can determine the true facts. 

How much will my insurance go up by after an accident?

After an at-fault accident, car insurance rates typically jump 30% to 50% or more, often adding hundreds of dollars annually, with the exact amount depending on accident severity (major injuries cause bigger hikes), your driving history, insurer, and state laws, with increases usually lasting 3 to 5 years. Factors like loss of accident-free discounts, multiple incidents, or severe violations (like DUI) can cause even steeper increases, potentially doubling premiums or leading to policy cancellation. 

Can you ask for more money when your car is totaled?

Yes, you can absolutely ask for more money when your car is totaled, as initial offers are often low, and you can negotiate a higher payout by providing evidence of your car's true market value, like comparable listings and maintenance records, to the insurer. 

What slows down insurance payouts?

When companies don't have enough claims adjusters or customer service representatives, claims processing slows down. High volumes of claims or a lack of resources can cause genuine delays, even if the company isn't intentionally trying to withhold payments.

How long does it take for insurance to pay off a totaled car?

You can typically expect your insurance check for a totaled car within 2-4 weeks of filing the claim, but it often ranges from a few days to over a month, depending on the complexity, how quickly you provide documents, lender involvement, and negotiation time. After the settlement is agreed upon, payment processing usually takes another 1-2 weeks, often arriving as a check or direct deposit. 

What is a good settlement figure?

A “good” figure is one that fairly compensates the victim for all losses incurred due to the accident, including medical bills, ongoing treatment, future medical bills, lost wages, and pain and suffering.

How much can you get for back pain after a car accident?

Compensation for a car accident back injury varies drastically, from a few thousand dollars for minor strains to hundreds of thousands or more for severe cases with surgery or permanent disability, depending on injury severity, treatment costs, lost wages, pain and suffering, and fault. Mild soft tissue injuries might settle in the $10,000-$25,000 range, while herniated discs, fractures, or spinal cord damage requiring extensive therapy, surgery, or leading to disability can result in settlements well over $100,000, sometimes reaching millions.