What Happens When Your Car Is Totaled

Feb 10, 2018

Understanding Total Loss Accidents

In the unfortunate event of a serious car accident, one of the possible outcomes is the total loss of your vehicle. When a car is considered "totaled," it means that the damage sustained is so extensive that the cost to repair it exceeds its current value.

The Insurance Claims Process

Dealing with the aftermath of a total loss accident can be overwhelming, but having a knowledgeable attorney like John P. Bennett, Attorney at Law by your side can make a significant difference. Our expertise in personal injury and insurance law enables us to guide you through the complex insurance claims process.

Filing an Insurance Claim

After the accident, you'll need to notify your insurance company and provide them with all the relevant details about the incident. This includes a thorough description of what happened, any injuries sustained, and documentation supporting your claim. It's crucial to inform them as soon as possible to initiate the claims process promptly.

Assessment of Your Vehicle

Once the insurance company is notified, they will typically send an adjuster to evaluate the damage to your vehicle. The adjuster will assess the cost of repairs and compare it to the vehicle's market value. If the repair costs exceed a certain percentage of the car's value (usually around 70-80%), the insurance company will declare it a total loss.

Determining the Value of Your Vehicle

When your car is deemed a total loss, the next step is determining its fair market value. The insurance company will consider factors such as the year, make, model, mileage, condition, and any pre-accident modifications to evaluate its worth.

Negotiating with the Insurance Company

Insurance companies often try to settle claims for the lowest possible amount. This is where having an experienced attorney like John P. Bennett, Attorney at Law can be invaluable. We will advocate on your behalf, negotiating with the insurance company to ensure you receive fair compensation for your totaled vehicle.

Options After Your Car Is Totaled

Once your vehicle is declared a total loss, you have several options to consider:

Accepting the Insurance Payout

The most common option is to accept the insurance company's settlement offer for the totaled vehicle. This amount should cover the fair market value of your car at the time of the accident, minus your deductible. You can use this payout towards purchasing a replacement vehicle.

Disputing the Insurance Offer

If you believe the insurance company's offer is insufficient, you have the right to dispute it. An attorney can help you gather evidence and negotiate a better settlement based on the actual value of your car.

Keeping the Totaled Vehicle

In some cases, you have the option to retain ownership of the totaled vehicle. The insurance company will deduct the salvage value from your settlement amount and provide you with the necessary paperwork to transfer the title. However, it's important to consider the potential costs of repairing the vehicle and the potential safety risks.

Filing a Diminished Value Claim

After your car has been repaired or replaced, you may still experience a decrease in its value due to its accident history. Filing a diminished value claim with the help of an attorney can potentially compensate you for this loss.

Legal Assistance for Total Loss Accidents

Dealing with the aftermath of a total loss accident requires navigating through complex legal processes, insurance negotiations, and ensuring you receive fair compensation for your losses. At John P. Bennett, Attorney at Law, we have a deep understanding of personal injury and insurance laws, and we are committed to fighting for the rights of our clients.

If your car has been totaled in an accident, we are here to help. Contact John P. Bennett, Attorney at Law today to schedule a consultation and let us guide you through this challenging time. Our experienced legal team will provide the support and representation you need to maximize your recovery.

John P. Bennett, Attorney at Law | Law and Government - Legal

Address: 123 Main Street, City, State ZIP

Phone: 123-456-7890 | Email: [email protected]

Greg Osuri
This article provides helpful information on what to do when your car is totaled.
Oct 14, 2023