Experiencing a car accident is stressful enough, but when your car is declared a total loss, the situation can become even more complicated. Understanding your rights and options is crucial. If someone totaled your car, you might be wondering, “Can I sue if someone totaled my car?”
Did you know, In 2022, 46,027 people died in motor-vehicle crashes and several others get injured. This means the number of totaled vehicle in an auto accident will obviously increase as well. It is likely why so many people think about filing a personal injury claim.
These lawyers can help especially if the insurance company declares the coverage void. They can help with the insurance settlement and recover compensation for property damage, car damage and more. While the insurance payout depends on the car’s worth, condition of the damaged vehicle, if it’s a new car and more- you need to discuss.
Similarly, if you’re car ends up broken due to someone else’s negligence, you deserve a payout accordingly. We’ll discuss all about it, including:
- What to do when your car is totaled
- How insurance companies determine a total loss
- Your legal options for seeking compensation.When Is a Car Considered Totaled?
A car is considered “totaled” when the cost to repair it exceeds its actual cash value (ACV) or when it is not safe to repair. The actual cash value is the market value of the car at the time of the accident, factoring in depreciation.
Insurance companies typically declare a vehicle a total loss when repair costs reach 70-75% of its ACV.
The Impact of a Car Being Declared a Total Loss
When your car is declared a total loss, it means that the insurance company has determined that repairing the vehicle is not economically feasible. This decision impacts you in several ways:
Insurance Payout:
You will receive a payment equivalent to the car’s ACV minus any deductible.
Salvage Value:
If you choose to keep the car, its salvage value will be deducted from the insurance payout.
Car Loan:
If you have an outstanding car loan, the payout will go towards settling the loan. If the payout is less than the loan balance, you are responsible for the remaining amount unless you have gap insurance.
Initial Steps to Take When Your Car is Totaled
If your car is totaled, follow these steps to protect your rights and streamline the claims process:
File a Police Report:
Ensure that a police report is filed at the scene of the accident. This document is crucial for insurance claims and potential legal action.
Notify Your Insurance Company:
Inform your insurance company about the accident as soon as possible. Provide them with all necessary details, including the police report and any evidence from the accident scene.
Document the Damage:
Take photos of the damage to your vehicle and gather any witness statements that can support your case.
Seek Medical Attention:
If you sustained any injuries, seek medical attention immediately and keep records of all medical expenses.
Get an Independent Appraisal:
Consider hiring an independent appraiser to assess the damage and provide an accurate valuation of your vehicle.
Understanding Your Rights and Legal Options
In Nevada, you have several rights and legal options if your car is totaled:
- Insurance Claim: File a claim with your own insurance company under collision coverage or the at-fault driver’s insurance if applicable.
- Suing the At-Fault Party: If the accident was caused by another driver’s negligence, you might have the right to sue them for damages not covered by insurance.
- Small Claims Court: For smaller amounts, you can file a lawsuit in small claims court without hiring a lawyer.
Who Pays for Your Totaled Car?
The responsibility for paying for your totaled car depends on who was at fault for the accident:
- At-Fault Driver: If another driver is at fault, their insurance company should cover your damages, including the car’s ACV.
- Your Own Insurance: If you are at fault or the at-fault driver is uninsured, your collision coverage will pay for your totaled car, subject to your policy’s terms and limits.
How Insurance Companies Determine a Car is Totaled
Insurance companies follow specific procedures to declare a car totaled:
- Inspection: An insurance adjuster inspects the vehicle and assesses the damage.
- Estimate: The adjuster obtains repair estimates and compares them to the car’s ACV.
- Decision: If repair costs exceed the threshold (65% of ACV in Nevada), the car is declared a total loss.
- Settlement: The insurance company offers a settlement based on the car’s ACV, minus any deductible.
Liability in a Total Loss Accident
Determining liability is crucial in a total loss accident. If the other driver is at fault, their insurance company is responsible for compensating you. However, if fault is disputed, you may need to provide evidence, such as the police report, witness statements, and accident scene photos.
Can I Sue When Someone Totaled My Car?
Yes, you can sue when someone totals your car, especially if you are not satisfied with the insurance company’s offer or if the at-fault driver was uninsured. You can get help even if you’re vehicle gets totaled by a truck
How Can I Sue When Someone Totaled My Car?
Here are the steps to take if you decide to pursue legal action:
- Consult a Car Accident Lawyer: Seek advice from a car accident lawyer who can assess your case and guide you through the legal process.
- Gather Evidence: Collect all necessary evidence, including the police report, medical records, and any communication with the insurance company.
- File a Lawsuit: Your lawyer will help you file a lawsuit against the at-fault driver or their insurance company.
- Negotiate a Settlement: Many cases are settled out of court. Your lawyer will negotiate on your behalf to secure a fair settlement.
- Go to Court: If a settlement cannot be reached, your case may go to court, where a judge or jury will determine the outcome.
Compensation in Total Loss Claims
In a total loss claim or a car crash claim, you may be entitled to various types of compensation, including:
- Actual Cash Value: The insurance payout based on the car’s ACV before the accident.
- Vehicle Damage: Compensation for the fair market value of your totaled car.
- Medical Expenses: Coverage for any medical bills resulting from the accident.
- Lost Wages: Compensation for any income lost due to injuries sustained in the accident.
- Pain and Suffering: Damages for physical and emotional distress caused by the accident.
- Related Expenses: Coverage for any additional expenses incurred due to the accident, such as rental car costs.
Insurance Payout and Settlement
When your car is totaled, the insurance company will offer a payout based on the car’s actual cash value. If you disagree with the insurance company’s offer, you can negotiate for a higher amount. Here are some tips for negotiating a fair settlement:
Tips for Negotiating a Fair Settlement
- Know Your Car’s Value: Research the fair market value of your car using online resources and independent appraisals.
- Provide Evidence: Present any evidence that supports a higher valuation, such as recent repairs or upgrades to your vehicle.
- Be Persistent: Don’t accept the first offer. Be prepared to negotiate and provide counter-offers.
- Consult Your Lawyer: A car accident lawyer can help you navigate the negotiation process and ensure you receive fair compensation.
Factors Affecting the Insurance Payout
Several factors can influence the insurance payout, including:
- Car’s Condition: The overall condition and mileage of your car before the accident.
- Market Demand: The demand for your car’s make and model in the used car market.
- State Regulations: State laws and regulations may impact the payout amount.
Understanding Insurance Coverage and Policies
Understanding your insurance coverage is crucial when dealing with a totaled car. Here are some key terms and coverages to be aware of:
Key Insurance Terms and Coverages
- Collision Coverage: Covers damage to your vehicle in an accident, regardless of fault.
- Comprehensive Coverage: Covers damage to your vehicle from non-collision events, such as theft or natural disasters.
- Uninsured/Underinsured Motorist Coverage: Provides coverage if the at-fault driver is uninsured or underinsured.
- Gap Insurance: Covers the difference between the car’s actual cash value and the remaining balance on your car loan.
When to Consult a Car Accident Lawyer
Consider consulting a car accident lawyer if:
- The At-Fault Driver is Uninsured: If the at-fault driver does not have insurance, a lawyer can help you explore other options for compensation.
- Insurance Offer is Low: If the insurance company’s offer is insufficient, a lawyer can negotiate on your behalf.
- Disputed Liability: If there is a dispute over who is at fault, a lawyer can help gather evidence and build your case.
- Serious Injuries: If you sustained serious injuries, a lawyer can help you seek compensation for medical expenses and other damages.
How an Attorney Can Help You When Someone Totals Your Car
Dealing with the aftermath of a car accident where your vehicle is declared a total loss can be complex and stressful. An attorney specializing in car accidents can provide invaluable assistance and guidance throughout this process. Here are the key ways an attorney can help you:
- Evaluating Your Case: An attorney assesses your case’s details during a consultation, determining liability and whether you have grounds for legal action regarding your totaled car.
- Gathering Evidence: They collect crucial documents like police reports and medical records, gather witness statements, and may consult experts to strengthen your case.
- Handling Insurance Companies: Attorneys manage insurance claims, negotiate settlements that reflect the true value of your car and damages, and shield you from unfair tactics by insurance adjusters.
- Legal Representation: They file lawsuits if needed, represent you in court, and aim to secure fair settlements or favorable trial outcomes for your totaled car claim.
- Calculating Damages: Attorneys quantify economic and non-economic damages, including medical expenses, lost wages, and pain and suffering, ensuring you seek comprehensive compensation.
- Protecting Your Rights: They offer tailored legal advice, prevent procedural errors, and safeguard your rights throughout the insurance claim or legal proceedings for your totaled car.
- Maximizing Compensation: Attorneys ensure fair valuation of your car, pursue all possible compensation avenues, and appeal insurance claim denials if necessary for your totaled car.
- Navigating Legal Complexities: They handle laws and procedures, managing paperwork, court appearances, and legal requirements efficiently for your totaled car case.
Final Thoughts
If someone totaled your car, understanding your rights and options is essential. You may be entitled to compensation through the at-fault driver’s insurance, your own insurance policy, or by pursuing legal action.
Taking the right steps and seeking legal assistance lets one handle this challenging situation and ensure you receive the compensation you deserve. Remember to document all evidence, understand your insurance coverage, and consult a car accident lawyer to protect your best interests.
If you’re looking for help with your totaled vehicle claims, our professionals at Boruassa Law Group are here for you. We have years of experience with car accident lawsuits and ensure your case gets handled in the best way possible.
Our professionals handle burn injury, brain injury, spinal cord injury, and many more, ensuring all your troubles get their deserving compensation.
1-800-870-8910