No ticket was issued since police said both parties might have been at fault. In this case, who pays for the auto repairs?
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No ticket was issued since police said both parties might have been at fault. In this case, who pays for the auto repairs?
Auto accident – no major damage just fender bender.
Asked on March 25, 2009 under Accident Law, Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
First, the police determination is often persuasive as a practical matter, but does not carry weight as legal matter.
Second, if both parties were equally at fault, there is no recovery and each party pays his or own damages. If it is eventually found by a court that one was more at fault, in most states the party less at fault recovers something, but the amount of recovery is reduced proportionally to the extent of the other party's fault. In a few states any fault -- even 1% -- disqualifies you from recovery.
If you have collision insurance, your company will pay the damages to your car, less any deductible.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
If liability is really unclear, and the parties are reasonable, both sides often limp off with their own wounds and bear their own costs. (If a party had collision coverage, his or her insurance company would pay the costs of repairs less the deductible. It could possibly go after the other side -- often through his or her carrier -- if it felt it could prove fault or intimidate the other side.)
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