Totaled Car Lawyer

If you were involved in an accident that totaled your car and you were not at fault, you may feel overwhelmed, lost, or even hopeless. You may have concerns about both your bodily injuries as well as the damages to your vehicle. Fortunately, a totaled car lawyer at Morgan & Morgan can help you recover compensation for a vehicle accident and guide you through your potential totaled car benefits. 

If your car is totaled, many questions must be answered in the process of resolving your claim. A totaled car lawyer like those working at Morgan & Morgan can assist you with the recovery of compensation when you find yourself in these circumstances and need help with figuring out your next steps. The support of an attorney is crucial for covering all of your bases and receiving the maximum compensation that you rightfully deserve. 

Working on your own, you may face challenges with your insurance company, as well as the insurance carrier of the at-fault party. You can avoid such obstacles with an experienced attorney at your side.

Contact Morgan & Morgan today for a free, no-obligation case evaluation to learn more about seeking justice for your injuries.

What Is a Total Loss?

Insurance companies look at vehicles and carefully determine what it would cost to repair them after an accident. Insurance carriers will declare a vehicle a total loss when the cost to repair that car is at or exceeds the value of the vehicle. To determine this amount, insurance companies have their own procedures but will often look at sources like the Kelley Blue Book or similar cars in your area. 

Numerous factors influence the value of your car as far as considering it a total loss. These include your car's mileage, the vehicle's age, and the condition of the car prior to the collision. Then, the insurance company uses this base value to look at the cost of repairing your vehicle, using software to estimate. State laws usually identify at which point the vehicle can be considered totaled and this is known as a total loss threshold. In many states, that threshold is 75%. This means that if the cost to repair a vehicle is 75% or greater than the vehicle's overall value, the car is considered a total loss. Not every state sets a specific threshold, so it's important to work with a totaled car lawyer to help you determine your next steps and identify when you may be in the position to recover compensation for a total loss or when it is best to proceed with repair processes.

Insurance Decided My Car Is Totaled, What Now?

When your insurance company contacts you and tells you that your vehicle has been totaled, you have two options. The first is to try to negotiate a higher amount, and the second is to simply accept their settlement. A totaled vehicle can only be covered and paid for if the accident itself is covered under your auto insurance policy. In many cases, this means that you are not the one at fault for causing the accident and that your losses will be paid by the liable driver. You could also be compensated if you were found at fault and had what is known as comprehensive coverage in your policy on your car. If you only have the minimum coverage on your vehicle, that will likely not cover collision damage if you are found at fault for the accident.

Will My Insurance Always Pay for a Totaled Car?

If you were involved in an accident with another driver, you may file a claim with the other driver's insurance company, your own insurance, or both. You can also possibly file lawsuits against the other driver if you sustained injuries. Who pays for a totaled car will depend on whether you live in a no-fault or fault state and on your insurance coverage. In a fault state, the person who caused the crash is liable for paying damages. 

In a no-fault state, however, each driver files a claim with their own insurance carrier. If your state uses what is known as a modified comparative negligence standard, multiple drivers may contribute to the cause of the accident, and it will be up in the air who pays for your total vehicle. Always try to negotiate with your insurance carrier or the other driver's insurance carrier before accepting an offer if you don't believe that it reflects your full vehicle value. Once you have accepted this settlement in writing, you will then receive a check and the car will be picked up for salvage.

What Happens if I'm Still Financing My Vehicle?

Additional challenges can be presented in your case if you still owe money on the financing for the vehicle. You are still responsible for paying it and you will have to pay off your auto loan out of the settlement received for the totaled car. If you finance a new car purchase with no down payment, you may have to pay more than your car is worth due to depreciation. If you do have GAP insurance or total loss insurance, this pays for the discrepancy between the value of the vehicle and what is still owed on it. Drivers who buy new vehicles typically carry more insurance coverage than those who purchase a used car.

Can I Keep My Car if the Insurance Company Totals It?

Your insurance company can delete the salvage value from the total loss payout on your vehicle if you want to keep the vehicle. Many people believe the myth that insurance companies force you to give up your car after it is totaled but this is not true. Your insurance company, however, only pays you what your car is worth immediately before the accident. You may have to pay additional money out of pocket if you want to keep a totaled car and try to repair it yourself, and you may also need to obtain a rebuilt title for the vehicle. Furthermore, don't forget to factor in the possible insurance costs of covering a totaled car after an accident. Your insurance costs may be more than anticipated, so weigh out all of these factors before accepting the vehicle and keeping it.

Why Do I Need a Totaled Car Lawyer?

If you were in a vehicle that was totaled, there is a good chance that your injuries were severe. The support of an experienced and qualified lawyer is very important for navigating a totaled car lawsuit. As a totaled car lawyer can tell you, the support of an attorney is vital for understanding all of your rights and making sure that you have considered all possible benefits in terms of filing a lawsuit. Your attorney will help you avoid common mistakes in pursuing your next steps and will be able to explain to you what is anticipated at each stage of the case. 

Many people who are critically injured in an accident simply don't have the physical or even mental capacity to deal with all of the legal aspects of their claim. They may also be confused about the details associated with filing a lawsuit and feel frustrated that they can't achieve a timely resolution to this matter. A totaled car lawyer can help you with all aspects of your legal claim and keep you informed so that you're still in charge of making key decisions about the case without handling any additional stress in your personal life. If you want to remain focused on your medical treatment and try to get back to work, finding the right totaled car attorney is a crucial component of this process.

You may not be familiar with the typical steps through which a totaled car accident claim proceeds. Thankfully, working with a qualified attorney who has handled settlement and trial cases like this before, you can trust that your attorney's experience will guide you through. You do not need to worry about all of the little details when your attorney can help inform me about what is coming next and what they recommend you do. This means that you can still make important decisions about whether or not you want to accept a settlement offer

If you receive a settlement offer from an insurance company during this time, your lawyer can also tell you more if it makes sense for you to accept that settlement or to wait for a separate settlement offer or to go to trial. You probably have substantial medical bills and injuries tied to the accident if your car was totaled. It is very important to think about these matters not just as it relates to your totaled car, but also to think about how it can potentially influence your personal injury lawsuit. You may need a personal injury lawsuit to recover compensation for your medical bills, lost wages, and other expenses. 

Given the extensive process required to recover this compensation, you cannot afford to wait to receive compensation. You need a lawyer who will do everything in their power to fight for all possible benefits for you. Do not hesitate to identify an attorney who knows what it takes to recover this compensation and is prepared to do everything in their power to guide you through this process with ease. You have enough to think about in the process of dealing with compensation and you should always work directly with a qualified lawyer who understands your case and can help you with the next steps.

To get started, reach out to Morgan & Morgan today for a free, no-obligation case evaluation to learn more about your options.