Home Articles What To Do After an At-Fault Driver Totals Your Car

What To Do After an At-Fault Driver Totals Your Car

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Can I Sue Someone for Totaling My Car?

Yes, you can sue someone for totaling your car. If you were in a car accident caused by another party’s negligence or recklessness, you likely have the right to sue them for damages related to the accident, including the cost of replacing your totaled vehicle.

However, even when you know what to do after an at-fault driver totals your car, the process of filing a lawsuit can be grueling. You may be tempted to just accept the first settlement the other driver’s insurance provider offers to get it over with and replace your car as soon as possible.

However, going through the complicated legal process of seeking recovery for your totaled car doesn’t have to be difficult. The experienced Missouri car accident attorneys at Brown & Crouppen know how hard it is to fight insurance companies for compensation after your car is totaled. We take the weight off our clients’ shoulders, doing the heavy lifting while they focus on moving on from the car accident.

What Are the Steps To Take After My Car Is Totaled?

After your car has been totaled in an accident, take appropriate action to preserve your legal rights. Follow these steps to fulfill your legal duty as a driver involved in an accident and maximize your compensation.

1. Report the Accident to the Appropriate Authorities

Missouri law requires drivers involved in an accident to stop at the scene and wait for law enforcement to arrive. Additionally, Missouri drivers are legally required to report accidents to the Drivers License Bureau if they involve an uninsured driver and result in $500 or more in property damage.

Beyond your legal responsibilities, reporting an accident to the police is always in your best interest if your vehicle has been totaled. The police will generate an accident report containing complete information about the parties and vehicles involved, the scene of the accident, and witnesses to the crash. The accident report will also include forensic data and photos of your vehicle at the scene. All of this information is critical when filing an insurance claim for a totaled car.

2. Gather Evidence and Document the Scene

Though the police will gather evidence and document the crash scene as part of their report, it’s always a good idea to collect evidence on your own, taking photos and videos of the scene and your totaled vehicle. This will ensure you have this evidence before the police report is complete and can submit it immediately after the crash. In addition, you’ll have a more complete picture of the accident and resulting damage if the police miss something while compiling their report. A diligent car accident attorney can also gather evidence from third parties after the fact. However, having this information immediately available will help your attorney fully evaluate your case to determine your exact legal needs.

3. Notify Your Insurance Company

Contacting your insurance company immediately to file a claim is critical if your vehicle has been totaled. Total-loss car insurance claims can take significant time to process and pay out. If possible, have your car towed to an approved repair shop that works directly with your insurance company. This minimizes the time between having the car evaluated for repair and the insurance adjuster deciding whether the car is a total loss. An adjuster will base this determination largely on repair estimates, so having an estimate in hand speeds up the decision.

4. Get a Professional Valuation of Your Totaled Vehicle

Knowing how much your car is worth when suing for a total loss is important. Insurers will determine whether the car has been totaled based on its actual cash value. Your car’s actual cash value is determined by subtracting your car’s depreciation over time from its initial worth, relying on factors like age, mileage, overall condition, resale value, and current market price for similar cars.

Don’t rely on insurers to accurately assess your car’s actual cash value. It’s in the insurer’s best interest to assign the lowest possible value to avoid higher payouts. By consulting professional resources like the Kelley Blue Book and contacting local dealerships, you can come to an independent conclusion about how much your car is currently worth.

5. Reach Out to a Knowledgeable Car Accident Attorney

Reaching out to our knowledgeable car accident attorneys as soon as possible after an accident is always recommended. An attorney can assess your case, determining the extent of your legal needs and how much you may be eligible for in damages.

Time is of the essence when seeking legal representation. The Missouri car accident statute of limitations is normally five years from the date of the accident. That may seem like a long time, but it becomes more difficult for your legal team to gather critical evidence, such as witness testimony, every day that goes by. Contacting an attorney early on gives you the best chance at securing full and fair compensation.

How Do I Deal With Insurance Companies After My Car Is Totaled?

If your car has been totaled, you may assume that insurance will pay it off. However, insurance companies are unreliable when it comes to covering total-loss car accidents. Dealing with insurance companies can often make things even more difficult and unfair for claimants struggling with the financial costs and inconvenience related to the loss of their vehicle. It’s in the insurance company’s best interest to pay you the least amount of money possible for your totaled vehicle. Insurance adjusters will therefore do everything they can to shortchange you, even if you are rightfully owed compensation after a car crash. An adjuster’s job is to maximize corporate profits, not ensure you receive a fair settlement. Never accept the first offer from an insurance company without speaking to an attorney. Many insurers bank on the fact that you need money quickly to get away with paying less than you’re owed. The experienced car accident attorneys at Brown & Crouppen know our way around the underhanded tactics insurance companies use to avoid paying you fairly. We can help you navigate the insurance process and fight for fair compensation for your totaled vehicle.

What Damages Am I Eligible To Receive After My Car Is Totaled?

Two types of damages are available to plaintiffs in civil lawsuits: economic and non-economic. Economic damages are most relevant to claims for a totaled vehicle, as they compensate plaintiffs for financial losses and property damage. If you were injured in your car accident, you may also be eligible for non-economic damages, such as pain and suffering. However, you would have to prove that you were injured for these damages to apply.

Hire an Attorney for Your Totaled Car Claim

If your car has been totaled in a car accident in St. Louis or Kansas City, don’t wait to secure high-quality legal assistance. The knowledgeable car accident attorneys at Brown & Crouppen are here to help.

With over $1 billion recovered in high-value case results for our clients, our experienced attorneys have what it takes to protect your rights every step of the way. Call (800) 536-4357 or contact us online for your free legal consultation.

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