Everything You Need To Know If Your Car Is A Total Loss After An Accident

If you’ve suffered a major car accident, your primary concerns are any injuries you’ve suffered and how you’re going to recover. However, second only to the physical effects of the accident is what to do about your car, especially if your car is totaled after an accident.

When your car is totaled after an accident, it’s possible that your insurer will declare your vehicle a total loss, which can leave you in a very difficult situation. Fortunately, if your car has been deemed a total loss, you’re not completely out of options, and may still be able to get the funding you need to move on with your life.

Learn what to do after your car has been declared a total loss and how you can get help by hiring car accident lawyer to fight for your rights.

A Word About Insurance

The extent to which your car’s damages will be covered depends on what the insurance rules are in your state. For example, if you live in a state that works under standard liability rules, you will have to prove the negligence of the other driver before an insurer will give you a payout.

If, however, your accident occurred in a no-fault insurance state, most of your damages will be covered regardless of who was deemed culpable in causing the accident, although this can sometimes limit your ability to file a suit against the other driver.

Know Your Policy Limits

An unfortunate reality of car insurance is that your car will only be covered up to the limits of your policy, which can cause a serious problem if your damages are more expensive than what your policy covers.

For instance, if your car suffers $11,000 worth of damages and the other driver’s policy only covers $5,000 worth of damages, you will be left to pay for the leftover $6,000 completely out of pocket. To protect yourself against these financially precarious circumstances, it is a good idea to make sure you have an adequate level of collision coverage built into your insurance policy.

Dealing with a Total Loss Designation

One of the most unfortunate circumstances following a serious car accident is having your car declared a total loss. What this means, in simple terms, is that the cost of repairing your car is greater than the car’s value. If your car is deemed a total loss, your insurer will generally give you the market value of your car. In a total loss case, there are a couple of complicating factors, as you would expect.

First, it’s possible that the market value of your car will be less than what’s remaining on your car loan, meaning you’ll have to pay the rest of your loan, and purchase a new vehicle, totally out of your own finances. Secondly, your insurer will most likely take possession of your totaled car, meaning you won’t be able to recoup any of your losses on the secondary market.

It is possible, occasionally, to get your insurer to rescind the total loss designation, but it is very rare and often requires the help of a car accident lawyer.

Hire a Car Accident Lawyer

Having your car declared a total loss can be a very stressful situation, leaving you unsure how to move on after your accident. If you want to fight the insurer’s total loss decisions, you need legal advice from an excellent car accident lawyer from Heuser & Heuser, LLP.

We have experience negotiating with insurance companies and we can help you in your total loss case. Contact us right away for more information.

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Frequently Asked Questions

There are a variety of things we look at when evaluating your case and determining its value. We look at how the accident occurred. We look at what sort of injuries you sustained. Do you have a permanent injury that will last the rest of your life? Are you going to have future medical bills? We look at lost wages. Did you lose your job? If you have permanent work restrictions as a result of the accident, you may not be able to find a job very easily in the future. These are some of the factors that we look at in evaluating a claim. Every case is unique and different. That’s why at our law firm, every case gets personal attention from the lawyer when it comes time to evaluate.

Insurance companies are in business for a reason: to make money. Anytime they are paying money on a claim, it means less money to their bottom line. They have literally hundreds of adjusters and hundreds of lawyers who are on their side trying to figure out how to prevent money from leaving their checkbooks. Quite frankly, you do need a lawyer to help you through this because your lawyer will make sure you’re properly compensated.

Cases settle before going to trial 80 to 90 percent of the time. However, that doesn’t mean there’s not a lot of work involved in getting a case settled outside of court. Sometimes you have to file a lawsuit and do a lot of what I call “legal maneuvering” to get a case settled. That means we take depositions from witnesses to the accident, from police officers, and from your doctors. But, yes, most cases will settle prior to trial.

We do get good results for our clients. We have settled hundreds, if not thousands, of cases where we’ve had large settlements. We’ve had substantial verdicts. We go to the mat for our clients if necessary. We’ll appeal cases. We’ll do whatever it takes to make sure our client is taken care of.

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Questions Or Schedule A Free Appointment? Click To Call (719) 520-9909

No Fee Unless You Win

Questions or Schedule A free Appointment? Click to Call (719) 520-9909

Our Attorneys

Attorney Gordon Heuser | Heuser & Heuser | Colorado Springs

Gordon J. Heuser, Esq.

Attorney

As a Colorado Springs native, Gordon has been practicing in Southern Colorado for 35+ years.…

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Barkley D. Heuser, Esq.

Attorney

Barkley Heuser is a Colorado native, and has lived in Colorado Springs for over 59…

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Brennan Heuser | Personal Injury Attorney | Colorado Springs

Brennan D. Heuser, Esq.

Attorney

Brennan Heuser is a Colorado Native who graduated from the University of Miami, Fl with…

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Want To Learn More About Your Colorado Car Accident Case? Download Our EBook, On Us!

We wanted to find a way to make your car wreck case even easier for you. That is why we wrote this guide that will provide you with the critical information you need to know about your car accident case.

As car accident law professionals, we have seen too many individuals lose out on their maximum owed compensation. Don’t miss out on the settlement you deserve! In this book, you will learn how to:

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