If you were involved in a car accident where someone hit your car and your car was totaled you can file a personal injury claim against that driver. You can also sue for medical bills, pain and suffering, and other damages. In some states even if you are found partially at fault for the accident you can be awarded damages if your car is totaled.
Can I Sue Someone For Totaling My Car?
If the other driver is mostly or entirely at fault for the accident you can sue for damages, injuries, the cost of your totaled car, and other losses. But you will need to prove that the other driver’s negligence or reckless driving was the cause of the accident.
In order to prove that the other driver was at fault you will need a police report detailing the events of the accident. It also helps if you have eyewitness accounts, photos, videos, and other evidence of what happened.
What Is Considered A Totaled Car?
Your insurance company must determine if your car is totaled or not. When a car is totaled it’s because the cost to fix the car exceeds the value of the car. Each state has a threshold at which a car becomes totaled, and the insurance company can use that threshold or a company threshold to determine at what point the cost to fix the car is more than the car is worth.
The insurance company will determine exactly what the car was worth immediately before the accident then compare that to the threshold price. For example, if the car was worth $20,000 immediately before the accident and the threshold in the state is 75% if the car would cost $15,000 or more to fix then the insurance company will declare the car totaled.
Can I Buy A New Car After A Total Loss?
If your car is totaled your insurance company will give you money to buy a new car. Typically, you will be given enough money to buy a car equal to the one that you had. But the total amount of insurance payout you get will depend on your insurance coverage.
If you sue the person that caused the accident you can sue for the cost to buy a new car. But if you do get money from the insurance company for a new car the judge that hears your case may deduct that amount from your claim. The amount of money that you are awarded in a lawsuit will be determined by the total of all the damages from the accident. It helps to talk with a lawyer first to understand how the process works and what you might be entitled to.
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