That sinking feeling when you realize your car is totaled after a crash is awful. It’s more than just losing a vehicle; it’s the disruption, the paperwork, and the uncertainty. A total loss means your car is so damaged that the cost of repairs exceeds its actual cash value.
In this situation, getting the maximum payout you deserve is crucial to getting back on your feet. This guide will walk you through the steps to navigate the total loss process after an auto accident and help you get what you deserve.
What is a Total Loss Vehicle?
A total loss vehicle is so severely damaged after an auto collision that it’s simply not repairable, or the repair costs are too high. Insurance companies typically determine a total loss by comparing the cost of repairs to the vehicle’s actual cash value.
If the repair costs from a body shop or repair shop exceed a certain percentage of that value (often 75-80%), it’s declared a total loss. One common misconception is that a total loss means the car is destroyed.
Sometimes, a car might be repairable, but the cost makes it a total loss in the eyes of the insurer. This is sometimes called a “constructive total loss,” meaning it’s financially impractical to fix. Handling total loss claims can be confusing, so understanding these basics is key.
Navigating the Total Loss Claims Process
The insurance company will typically send an appraiser to assess the vehicle damage and determine its actual cash value (ACV) before the motor vehicle accident. This appraisal is a key part of the total loss process. The ACV estimates your car’s worth immediately before the accident, not what you originally paid.
For example, suppose your 2018 sedan was totaled in the accident. In that case, the insurance company will research the current market value of comparable 2018 sedans in conditions similar to those before the accident to determine the ACV.
If you disagree with the insurance company’s valuation, you can obtain an independent appraisal. This involves hiring a qualified appraiser to assess the vehicle.
A well-documented independent appraisal strengthens your negotiating position with the claims adjuster, who may try to minimize your payout. Our skilled lawyer in Sacramento can help you address these tactics and ensure you receive fair compensation.
Steps to Take Immediately After a Crash
- Safety First: Check yourself and your passengers for injuries. Call 911 immediately if anyone is hurt and exchange information with the other driver(s).
- Document Everything: Take photos and videos of the vehicle damage, the accident scene, and surrounding areas. This documentation is crucial for your car accident claim. Obtain a copy of the police report if one was filed.
- Seek Medical Care: Even if you feel fine, see a doctor. Some injuries don’t show symptoms right away. Documenting your injuries is essential for your health and any personal injury claim you pursue.
- Notify Your Insurance: Contact your insurance provider immediately to report the motor vehicle accident. Provide them with all the details you have.
- Don’t Admit Fault: Never admit fault for the accident, even if you think you might be partially responsible. Let the insurance adjuster and, if necessary, a Sacramento personal injury lawyer investigate the accident and determine fault. This is important for maximizing your compensation.
From Total Loss to Total Support
Remember to document everything, seek prompt medical attention, and understand your rights to maximize your payout in a total loss situation. Navigating insurance claims, especially with uncooperative auto insurance companies, can be complex.
A Sacramento personal injury lawyer can be invaluable in these situations. They can help you gather evidence, negotiate with insurance providers, and ensure you receive the maximum compensation you deserve for your car accident claim.
They can also help you obtain your medical records and navigate the complexities of personal injury claims. We understand this is a challenging time. If you have questions or need assistance, contact us for a free consultation. We’re here to help.
