There are millions of car accidents every year. If you have been in a car accident that resulted in your car being totaled, you will be facing some major expenses. If the car was caused by another driver’s negligence, you can pursue a personal injury claim to recover the cost of your losses. You should consult with a personal injury attorney who will help you through the claims process and ensure you are treated fairly.
My Car Was Totaled In an Accident
You depend on your car to get you where you need to go. You will travel to and from work, to and from medical appointments, and to and from the store. Without a car, you can find yourself in a serious bind.
If your car was totaled, you might be wondering how you will be compensated for your losses. Here is how the insurance company approaches this matter.
First, the make, model and year of your car are considered along with the features and the mileage. The insurance will pay you based on what would have been the fair resale value for your car if it wasn’t totaled in the accident.
The insurance company will review sales and listings for similar vehicles in your area. The condition of your car before the accident will be considered. They will review the trim, mileage, options, and existing damage.
How to Prove You Weren’t at Fault for the Crash
You will need to show that you weren’t at fault for the crash. When you can prove the other driver was negligent, you can have a successful personal injury claim.
Duty – Does the other party owe you a responsibility or a duty? Yes, all drivers owe others the duty of driving safely and adhering to traffic laws.
Breach of Duty – Then you show that the other driver breached that duty. As an example, she was speeding and crossed the centerline hitting your car head-on. Both of those acts – speeding and crossing the centerline – violated traffic regulations.
Causation – The breach of duty caused the accident. If the other driver wasn’t negligent and speeding and failure to be attentive, you wouldn’t have been hit head-on.
Damages – You will need to show your losses. Provide medical bills, repair estimates, photos of the damages, medical records, and so forth.
Consult With a Personal Injury Lawyer
If your car was totaled in a crash caused by another driver’s negligence, you should consult with a personal injury attorney who is licensed to practice law in your state. There are strict deadlines for pursuing claims, so don’t wait too long.
You have no out of pocket costs because personal injury attorneys are paid on the contingency basis, so their pay is contingent on you getting a settlement. Complete the Free Case Evaluation form on this page to have your claim details reviewed by a lawyer in your area. Get your personal injury claim on track after your car was totaled in a crash.
