What Should I Do if My Car Was Totaled and I Am Not at Fault?

If your vehicle was totaled in a car accident, and the other motorist was at fault, one of the first questions you may have is who will be responsible for paying for the damages. The answer to that question depends on a range of factors, including whether you are partly at fault and the type of insurance coverage that you and the other motorist have. Even if the other driver caused the accident, insurance companies will employ a range of tactics to avoid paying you a fair settlement. An experienced car accident lawyer will anticipate these tactics, ensure that your legal rights are protected, and negotiate the financial compensation you deserve for your totaled vehicle.

When Is a Vehicle Considered Totaled?

In Georgia, a car is considered totaled if the insurance company defines it as a total loss. However, some insurance providers consider a vehicle to be totaled if the repair costs reach 75% of the car’s value, whereas other providers only consider the vehicle to be a total loss if the cost to repair the car exceeds the worth of the vehicle. Some insurance companies may try to argue that your car was not totaled so that they can make a much smaller settlement offer. A dedicated car accident lawyer will work closely with you to determine the extent of the damage to your car and negotiate with the insurance company to ensure that you receive the compensation you deserve.

Who Pays for the Damages if My Car Was Totaled?

Georgia is a comparative negligence state, which means that you can still recover financial compensation for your totaled vehicle if you were partly at fault. However, your total damages will be reduced by the percentage of your shared liability. If the other driver was completely at fault for the accident, their insurance will pay for the damage to the vehicle unless you have collision coverage or other insurance coverage that pays for vehicle damages, regardless of who caused the accident.

What Damages am I Entitled to if My Car Was Totaled in an Accident?

If you were involved in a serious accident, and your car was totaled, it is likely that you also suffered serious injuries. The medical and repair costs will start to accumulate very quickly. A successful personal injury claim will ensure that you are compensated for your losses. The following are examples of common damages that you are entitled to after a car accident:

• Medical costs. This includes hospital bills, prescription medications, physical therapy, and any other current and future medical expenses associated with your injuries.
• Lost wages. This includes basic wages, loss of future income, and missed income opportunities due to your injuries.
• Pain and suffering. This refers to the physical and emotional pain you experience as a result of the accident, including mental anguish, anxiety, and loss of enjoyment of life.
• Wrongful death. If the accident that totaled your vehicle resulted in the loss of a loved one, you can file a wrongful death claim for damages, including funeral costs, lost income, and loss of companionship.
• Punitive damages. The purpose of punitive damages is to penalize another motorist for malice, fraud, or willful misconduct. For example, if the motorist who totaled your vehicle was drunk driving or attempting to cause you physical harm, you may be entitled to punitive damages.

The Savannah Car Accident Lawyers at Childers & McCain, LLC Negotiate Maximum Settlements for Victims of Car Accidents

If your vehicle was totaled in a car accident, and the other motorist was at fault, do not hesitate to contact the Savannah car accident lawyers at Childers & McCain, LLC. We will conduct a thorough investigation into the details of your case, negotiate with the insurance company on your behalf, and seek the maximum financial compensation you deserve for the damage to your vehicle and any injuries you may have sustained. To schedule a free consultation, call us today at 478-254-2007 or submit our online form. Our office is located in Macon, Georgia, and we serve clients in Savannah, Albany, Atlanta, Bibb County, Chatham County, Columbus, Crawford County, Oglethorpe, and Peach County.