When out and about on the country’s busy highways, you may see a totaled car lying on its side on the edge of the highway from time to time. Your immediate thoughts would probably be that you hope it never happens to you.
Unfortunately, not all drivers pay the right amount of attention necessary when driving. A reckless driver may hit your car out of the blue and total it completely. Serious injuries are likely as well. When this happens you will most likely lose your car with little chance of repairs being possible.
However, all is not lost, because you may be entitled to compensation from the at-fault driver which will pay for the damage to your car. This is likely to cost the at-fault driver’s insurer a lot of money, so it may be worthwhile contacting a personal injury attorney to help you file the claim.
The Costs of Replacing a Totaled Car
This is dependent on what the repair costs for the damage to the totaled car are and whether they are more than completely replacing the vehicle. The repair yard will make an estimate of the cost of repair which the insurance company will base its decision on.
For example, a used vehicle which has a value of $4,000, but requires $3,000 worth of repairs may by an insurer be considered “totaled.” The amount offered in this case will be $4,000, not the cost of repairing the totaled vehicle.
Some cars are more difficult and costly to repair than others and this should be factored into the insurance company’s decision. In addition to the cost of repair or replacement, the cost of the inconvenience to you should be factored in to the claim.
You are unlikely to be without a car for some time and will need to pay for public transport, a taxi, Uber or a car rental. This all costs money which shouldn’t be a financial burden on you if the accident was caused by someone else’s negligence.
You Must Provide Evidence Proving Fault for the Totaled Car Crash
Before any action is taken by the insurer of the at-fault driver who caused the accident, the driver must provide adequate evidence that he or she didn’t in any way cause the accident. Without sufficient evidence, it can be hard to win a claim.
The sorts of evidence that may be accepted by the insurer could include written eye-witness reports describing what they saw, a police report of the accident showing who was to blame, photographic evidence showing how the accident took place which caused your car to be totaled and the repair report provided by the garage given the responsibility of assessing the damage to the totaled car. If this evidence is sufficient, the insurer will then make the decision whether to pay for repairs or the value of the totaled car.
Reasons to Work With a Lawyer
Not all insurance companies are eager to release cash to pay for vehicle damage or the replacement cost of a car that has been totaled. They make any number of reasons including considering that you were in some way to blame for the accident.
To make the claim’s process easier you should contact a PI attorney to help you through this often difficult process. To speak with a lawyer, complete the Free Case Evaluation above.
