What to Do When a Drunk Driver Totals Your Car: Your Legal Rights and Options

If you've been hurt in an accident and are dealing with both bodily injury and property damage, you may need an experienced and qualified personal injury lawyer to help you. The attorneys at Morgan & Morgan have a strong reputation nationwide and a winning track record recognized by other legal teams. We have represented countless victims in claims including those in which a drunk driver totaled a car. 

If you're concerned for yourself or a loved one because a drunk driver totaled your car, make sure that you find a personal injury attorney who will do everything to advocate for your best interests in this complex situation. Dealing with bodily injury and property damage, such as a totaled car, can be very frustrating—if not life-altering. Because of this, you may be entitled to compensation. 

If a drunk driver has already totaled your car, reach out to Morgan & Morgan today for a free, no-obligation case evaluation to learn more.

What to Do First if You've Been Hit by a Drunk Driver?

If you're here because you searched "drunk driver totaled my car,” there are many complex factors to consider as you think about pursuing a lawsuit. First, you'll need to inform your insurance company about the accident. 

Second, you may also learn about a potential criminal case against the other driver if you suspect they were under the influence of alcohol. Although this is handled separately from civil personal injury cases, the details learned in a criminal lawsuit may become relevant in your case, such as the blood alcohol content of the driver and whether or not they were convicted of drunk driving. 

Third, you also need to get medical attention for your injuries, and fourth, take your car to a place where it can be evaluated for damage. Your insurance company may determine that the car is totaled because it cannot be driven, and it is not worth repairing due to the possible replacement costs. Make sure that you collect all details, including evidence associated with the accident and contact information for the other driver before getting legal help. 

Bear in mind that these early days of the accident are extremely important for the outcome of your case. Mistakes made early on in these immediate hours and days could come back to bite you later on, so leverage the support of an attorney for Morgan & Morgan as soon as possible. When you have a personal injury attorney working with you on your case, you do not have to worry about the legal aspects of your claim and can instead remain focused on trying to get your car repaired, recovering from your injuries, and trying to get back to work. Too many accident victims don't realize the full range of their rights and could make mistakes such as signing agreements with the insurance company or taking a settlement offer that is far lower than the depth of their claim. To avoid making these mistakes, make sure you work with a Morgan & Morgan attorney as soon as possible after you have been hurt and after your car has been totaled.

What to Know About Replacing Your Car?

State laws vary from one location to another, meaning that what you may be owed for your total car is relatively straightforward from state to state but you need to learn the specifics. The liable party's insurance company owes you the actual cash value of a total vehicle. However, there can be problems with the method used to arrive at a retail market value. In most cases, however, state regulations determine the methods and rules that an insurance company must use in coming up with a fair value to offer for a totaled car. 

Most insurance companies offer you a cash settlement by looking at the value of vehicles in the nearby vicinity. Other insurance companies may offer to replace your car with a comparable vehicle available in your local area. It becomes very important to work with an experienced attorney like the personal injury lawyers at Morgan & Morgan if a drunk driver totaled your car and you're not able to come to terms of an agreement with the insurance company. If you cannot reach an agreement with the insurance company based on the actual cash value of the vehicle, you need to read through your policy to see if there is an appraisal provision. This allows the use of an independent appraiser or some other method to possibly resolve the dispute about your car's value. Do not forget about other costs associated with replacing your car, such as taxes, license fees, and any other fees that must be made to transfer ownership or make the vehicle drivable.

What About Other Damages When a Drunk Driver Totaled My Car?

If your car was totaled, you most likely got some bodily injuries as well. It is very important to get medical treatment as soon as possible after the accident happens so that you can get reimbursed for these costs. You will also want to be reimbursed for lost wages and any missed time at work. If you have medical expenses, you could also be entitled to pain and suffering. Some of the most common expenses associated with a personal injury claim after you were hit by a drunk driver and your car was totaled include:

• Pain and suffering.
• Loss of enjoyment of life.
• Past and future medical expenses.
• Past and future lost wages.
• Property damages.
• Permanent disfigurement and scarring.
• Short or long-term disabilities.
• Loss of consortium.

If your car was totaled after being hit by a drunk driver, you need a personal injury attorney to help you to determine the extent of your damages.

What if I'm Offered a Low Settlement Offer?

Many personal injury claims are resolved outside of court, meaning that you do not have to go to trial or will not have to complete a full trial to get compensation for your injuries. The other parties may come to the table with an offering of a settlement offer. The initial offer presented to you may not be enough to compensate you for your injuries and to allow you to move on with your life. 

If this is the case, your attorney can advise you about the costs of going forward and going to trial. You may determine that the uncertainty of trial or the time you'd have to commit to going to court is not worth the potential upside if you and the other party are very close in terms of settlement offers. Your Morgan & Morgan attorney will be an experienced negotiator who can come to the table with skill and understanding to help you get a fair settlement offer. You are not obligated to accept the initial settlement offer presented by the other side and your lawyer can help you to see this and determine this. 

When Should I Contact an Attorney?

There is a long list of things to think about and questions that must be answered immediately after you are hurt in an accident that totals your car. For example, you may not be able to return to work at all and may be curious about how you'll have reliable transportation to get to work if you ever recover. You'll also be attending to your Medical Treatments and figuring out whether any adaptations to your life or home need to be made to accommodate your medical conditions. There are also psychological costs associated with these adaptations, and it can be hard to think about the importance of consulting with a knowledgeable personal injury lawyer. However, the sooner you reach out to a qualified personal injury attorney, the better you will understand the legal process ahead of you and what you must do to succeed.

Living through a drunk driving accident is a harrowing experience, but knowing that you're not alone because you have professional legal guidance to help you can make this difficult process a little bit easier. It is in your best interest to consult with a personal injury lawyer as soon as you can so that you understand the road ahead of you and don't miss out on the statute of limitations. You are not obligated to hire the first lawyer you meet with, but it does pay to do your research in advance to identify a short list of law firms who might have the right experience and approach to get you justice. 

Getting Help Now

If you already know that you need legal help with your claim, don't wait to take action. Your decision to hire the right lawyer now can go a long way toward recovery of payments for compensation like medical bills, lost wages, and other expenses.

If you find yourself dealing with complex issues after a drunk driver totaled your car, know that you are not alone. Contact Morgan & Morgan for a free, no-obligation case evaluation to get started and take the first step towards moving forward with your life.