There are many myths and misconceptions about personal injury law and the car accident claims process.
In this series, we address the myths and misconceptions about liability, property damage, insurance coverage, rental cars, attorney fees and attorney retention.
Myth: The other driver hit me. Everything should come from their insurance.
Fact: When you purchase auto insurance, you enter into a contract in which they protect you to the limits of your policy, also known as indemnification.
Both yours and their insurance provider will investigate the events that led to the accident. The insurance companies also review police reports, witness statements and traffic camera footage (if available).
If you are found to be partially liable for any reason, the other driver's insurance will only pay for whatever percentage they find themselves to be responsible for and the rest will have to come from your insurance.
Your insurance company will attempt to recover any out-of-pocket expenses during the subrogation process.