Someone Totaled My Car Can I Sue?
If you were in an accident and someone else destroyed your car, you may be searching the internet for legal options. Filing a lawsuit for totaled car damages is certainly possible, though it can be challenging to bring a lawsuit after car accident damage without legal representation.
Hedge Copeland, P.C., is a reputable law firm that specializes in personal injury, property damage, and car accident cases with a deep commitment to helping victims navigate the complexities of the legal process.
In this blog post, we provide details on what to do when you have a totaled vehicle after an accident, highlight the common issues when filing a car accident claim for a totaled car, and how a personal injury attorney can be of assistance in helping you resolve this legal matter.
What It Means When a Car Is Totaled in a Car Accident
A totaled vehicle is a vehicle that has been damaged in an accident beyond making reasonable repairs. If a car accident renders a vehicle too expensive to repair, insurance companies will total it out. Additionally, there may be no way to restore it to a safe driving condition after the accident.
In Alabama, a car is considered totaled when the damage is more than 75% of its value. Since Alabama uses an at-fault model for insurance coverage, the driver who caused the accident would be responsible for repair costs. However, when a car is totaled, this may add more complications to getting your insurance payout.
This is due to various factors that need to be reviewed. Insurance companies determine who’s liable based on the evidence before issuing payment on an insurance claim. In the state of Alabama, the contributory negligence rule adds another layer of complexity that can work in favor of insurance companies. With this rule, even if you’re only 1% at fault, you will be barred from making compensation claims.
If your car was totaled due to someone else’s negligence, you shouldn’t be stuck with these costs. You should also not be left floundering financially due to your medical expenses, lost wages, and other losses from this auto accident.
Can I Sue If My Car Is Totaled?
After a car accident, the only way to sue and receive fair compensation is to determine liability. If the other driver was at fault, they would be responsible for your damages. However, this requires proving they were negligent before you can take legal action.
It’s much more difficult to hold an at-fault driver liable and prove negligence without an attorney. To prove fault, you need to show the other party owed you a duty of care. Arguably, this is the easiest of the four elements of negligence as all drivers on the road owe one another a duty to drive safely while abiding by traffic laws.
Once a duty of care is established, it must be proven that the other driver breached that duty in some way, such as driving while intoxicated, reckless driving, or distraction. The breach of duty needs to be the cause of the accident as well as your injuries and damages.
Since contributory negligence is the rule in the state, shared fault can occur, which could mean your compensation may be reduced by your share of fault.
Steps to Take Immediately After Your Car Is Totaled
The steps you take immediately after your car accident are critical for protecting your legal rights and getting the fair compensation you deserve.
Call the Police
At an accident scene where a car is totaled, the high amount of property damage necessitates calling the police. The responding officers will investigate and file a police report detailing their findings. The police report is a key piece of evidence, especially if it makes note of any traffic laws violated by the at-fault driver.
Get Medical Treatment
In an accident like this, you’ve likely also sustained injuries. To recover your medical expenses in your insurance claim, you must have medical records of your treatments.
It’s never a good idea to assume that you’re fine after a car accident has rendered your vehicle totaled. You may look fine on the outside, though many injuries have no outward signs or symptoms. Get a full medical evaluation and follow all doctors’ orders for treatment.
Gather Evidence
Gathering evidence is required to support your insurance claim. The insurance company will make its determination on the insurance payout based on what’s provided. Photos and videos of the vehicles can help with property damage claims, though don’t forget to also take pictures of your injuries. If anyone else saw your motor vehicle accident, you can get witness statements from them as well.
After a car crash, you must put your health and well-being first, and when vehicles are totaled, it generally means serious injuries. If you’re unable to document evidence on the scene, an attorney can help you with this step.
Contact Your Own Insurance Company
As soon as you can after the crash, you will need to contact your own insurance company to report the accident. When it’s someone else’s fault, you still need to contact your insurance company to notify them of what happened. Your own insurance policy may be used if the at-fault driver attempts to file a third-party claim.
Stick to the facts and don’t make any assumptions when talking to your insurance company as well as the insurance company that covers the at-fault party.
Speak with a Car Accident Lawyer
The legal process can be confusing, especially when your car has been totaled and you’ve suffered a personal injury. It will be easier to recover compensation with the help of an attorney to provide legal assistance throughout the process. They will be able to evaluate all of the circumstances surrounding your accident, prove negligence, and negotiate to help you receive fair compensation for your injuries and damages.
How to Maximize the Insurance Claim for Your Totaled Vehicle
The insurance company may deem that your vehicle is totaled and is more expensive to repair. This will mean that they issue a payout based on the car’s actual cash value (ACV) of your car.
Notify Insurer
If another person damaged your car beyond repair, you must notify their insurance company since Alabama is an at-fault state. In a no-fault state, you would use your own insurance policy.
Evaluation of Car’s Actual Cash Value (ACV)
The actual cash value is how much your car is worth less depreciation. Insurance companies typically consider the age, condition, mileage, and resale value in making this evaluation. Additionally, insurance adjusters will look at the selling price of similar vehicles in your area to make these assessments.
Accept or Reject the Insurance Settlement
Insurance companies are always trying to minimize costs, and the insurance company’s offer may be too low. They may try to argue this is the most the insurance adjuster can offer, though you can try to negotiate for what you believe is fair in the claims process. It’s a difficult thing to do without the legal guidance of an attorney, and other challenges could stand in your way.
Common Challenges Faced in Car Accident Cases with Totaled Cars
When your car has been totaled, you may not realize it isn’t an easy path to take to hold the at-fault driver accountable. The road to recover costs that you have incurred may be a lengthy one with many obstacles.
Fault and Liability
By far, one of the biggest challenges in a personal injury case involving a totaled car in Alabama is fault and liability. The at-fault laws may make it seem simple – the other driver wrecked your car and they should pay. In theory, that makes sense, though the contributory negligence rule can make the claims process a major hassle. You can expect a lot of finger-pointing and blame games when the other driver’s liability is questioned.
Serious Injuries
Most people in crashes like these don’t walk away without injuries. Your injuries may be extensive and require a lengthy recovery period. There’s also the possibility that you may suffer lasting effects that make it impossible for you to enjoy life as you did before this accident.
Insurance Company Tactics
Insurers will offer lowball settlements and use confusing terms, making it hard to determine if they cover property damage. The at-fault driver’s insurance may try to tell you that you need to use your collision coverage or flat-out blame you to deny your claim.
Time Limits
One of the biggest challenges in these types of accidents is the time limit, known as the statute of limitations. For personal injury cases, Alabama sets it at two years from the accident date. It seems like enough time, though when you consider the clock will start ticking while you’re recovering from your injuries and trying to find your way through the claims process, you will have little left to take legal action through a lawsuit.
Missing the deadline will result in being barred from seeking compensation. Don’t waste any time after the crash and be sure to contact a lawyer who can provide you with an understanding of your legal options.
How an Experienced Car Accident Attorney Can Help Secure Fair Compensation
If your car was totaled and you suffered injuries due to a negligent driver, it’s in your best interests to discuss your situation with a car accident lawyer. Their extensive knowledge of the legal system and how insurance companies work can help you leverage a favorable outcome.
Expert Negotiations
From the start of your claim right after your accident, a lawyer can take on negotiations with the insurer. They know how to overcome the tactics that these companies use to maximize your claim.
Comprehensive Assessment of Damages
You may not even be aware of the full extent of the damages that you can seek in your lawsuit. Your attorney will calculate all of your economic and non-economic losses, which may include compensation for the fair market value of your car, rental car costs, lost wages, repair costs, and pain and suffering.
Investigations and Evidence Gathering
A lawyer is a powerful advocate for any car accident case, though when your injuries from getting in a crash that totaled your car send you to the hospital from the scene, you’ll need help getting evidence. They will be able to get a copy of the police report and track down witnesses to get witness statements.
They will use the documentation from your medical treatments, your pay stubs, and other items to show the extent of your losses. Additionally, attorneys can also obtain evidence from other sources, such as traffic camera footage or security cameras from nearby businesses. Their extensive resources allow them to hire experts who can reconstruct the accident as well as testify about the impact of your injuries.
Developing Strong Legal Strategies
While you might have a chance at getting the evidence you need to prove you’re owed compensation, you likely don’t know all applicable laws or case precedents. When you hire a lawyer, they will use a combination of evidence, laws, and cases similar to yours to build a strong strategy.
Ability to Handle Complex Cases
Accidents that involve significant injuries, multiple parties, or complex legal issues are best left to experienced attorneys who know how to handle these types of issues. You may have already attempted to work on getting your claim covered by the insurer only to be offered a small amount that doesn’t cover the extent of your losses, or you may have been partially blamed and denied a settlement.
Starting with a lawyer is always ideal as they can take over the claims process. If their efforts aren’t fruitful, they will then proceed by taking legal action.
Legal Options When Someone Totals My Car
If suing the person who caused the accident is a legal option for you, you might be wondering what the process will be like. If the insurance company doesn’t offer a fair settlement amount, here’s what you can expect when you file a lawsuit.
Filing the Complaint
As the plaintiff, you will need to file a complaint. Your attorney will take over this step on your behalf, issuing this document within the statute of limitations that outlines your claims against the defendant. A copy of this formal complaint will be served to the defendant to notify them of the lawsuit, and they will be required to file an answer.
Discovery Phase
After the complaint has been answered, the discovery phase will begin. In this phase, evidence from both sides will be shared as documents, photos, and more. There are typically interrogatories, or written questions, which are submitted by one party to the other to get information. Depositions are another part of discovery, where witness statements are obtained under oath.
Filing Motions
Motions, which are formal requests, may be made after the discovery phase. A motion to dismiss may be filed if there are legal issues with the complaint while a motion for summary judgment is a request to resolve the case without a trial. These are just a few examples of possible motions that may be filed in any case.
Pre-Trial Conference
Most often, cases will arrive at a pre-trial conference stage, or the time when negotiations are opened up. Both parties will meet and try to agree to a settlement.
Trial
Settlements are most often the result in these legal scenarios, though in some cases, there may be no agreement reached. The case would then proceed to the courtroom in front of a judge or jury who will decide the outcome.
When another person behaves negligently behind the wheel and totals your car, you deserve to recover your losses. Seek fair market value and the rest of your losses caused by this accident by contacting Hedge Copeland, P.C. Visit our About Us page and schedule a free initial consultation to discuss your case.
