Maison Law’s team of experienced lawyers can help you through every stage of the legal process after a car accident in California. One way or the other, an insurance company is going to get involved, meaning that you’ll need to deal with how they approach, evaluate, and ultimately value your claim. If you want to learn more about how we can help, contact us today for a free consultation.
When is a Car Considered Totaled?
No two car accidents are alike, and that includes the damage that can result to your car. But what makes this process so difficult–aside from physical injuries–is that the evaluation of the damage is almost totally out of your hands. This is especially true when an insurance company declares your car “totaled.”
What this means, in simple terms, is that:
- The estimated cost of fixing it is more than the actual value of the car itself.
In order to get this valuation, the insurance company relies on several factors:
- Determining the worth of your car – The actual cash value (ACV) of your car is its estimated worth, factoring in aspects like your car’s condition, mileage, age, and features.
- Estimating the repair cost – If the expenses to fix your vehicle is more than the actual cash value, according to state law, the car is considered totaled. This threshold determines whether it’s financially worth it to repair the damage.
- Understanding salvage value – The salvage value represents how much your insurance company could earn by selling the car in its current, damaged state. Typically not substantial for most vehicles, as they’re often suitable only for scrap metal. However, some salvageable parts might retain value.
- Post-accident assessment – Following an accident, taking your car to an auto body shop is crucial. Technicians will assess its condition and utilize a total loss formula (TLF) to determine if the combined repair costs and salvage value equal or surpass the actual cash value, ultimately influencing the decision on whether the vehicle is deemed totaled.
Again, being in a car accident is difficult enough on its own without worrying about how the insurance company will view the damage to your car. In most cases, you will have your own health to worry about. However, the reality is that the damage to your vehicle–and whether or not it’s considered totaled–is going to factor into your overall claim.
What Can You Get Back If Your Car is Totaled?
Again, the damage to your car is going to be considered when your overall damages are calculated. This is part of any injury claim. So, much like it’s important to follow certain steps to protect your rights, it’s equally important to do so when it comes to your car’s damage:
- Contact your insurance company – Notify your insurance company promptly. Make sure to give them as much information as you can about the accident.
- Get a damage assessment – Work with your insurance company to assess the damage and determine if your car is totaled. Get a valuation of the vehicle.
- Know your policy – Understand your insurance policy, including coverage limits, deductibles, and any additional benefits.
- Keep records – Maintain a record of all communication with insurance companies, including emails, phone calls, and claim-related documents.
- Don’t sign quickly – Avoid signing any settlement agreements without fully understanding the terms. Consult with our team if needed.
- Understand the process – If your car is declared totaled, understand the basis for this decision and the valuation process.
How We Can Help
There’s no legal requirement in California that says you need a lawyer to represent you, but particularly if your car is totaled, working with our experienced car accident lawyers can help you in a big way. Here’s how we usually approach these situations:
- Insurance disputes – If you encounter difficulties with your insurance company, such as a disagreement over the value of your totaled car or issues with the claims process, our team can handle the communications and make a case for you.
- Negotiating with insurance companies – Our lawyers have extensive experience in negotiating with insurance companies on your behalf, making sure that your rights are protected and that you receive adequate financial considerations.
- Understanding your options – If you’re unsure about your legal rights and options, a lawyer can provide guidance and help you make informed decisions.
- Emotional distress – If you’re experiencing emotional distress–which is common–due to the accident, our lawyers can assist in handling the legal aspects, allowing you to focus on recovery.
Ultimately, the decision to hire a lawyer depends on the specifics of your case and your comfort level with the legal process. That said, we have a proven track record of helping clients in all different types of car accident situations. If your car has been totaled, we know how to present the best possible case for you.
Experienced Legal Guidance in California
When you’re in a car accident, you have all sorts of challenges to overcome. This even includes getting your car fixed. Unfortunately, if the accident is serious enough, your car could be totaled and you may be faced with even bigger problems. At Maison Law, our California car accident lawyers can help you no matter what situation you’re in. Contact us today for a free consultation to find out more.
