A totaled car or total loss happens when the cost of repairing a vehicle exceeds the car’s market value. It can also mean that the car is beyond restoration. In many cases where there is a total loss, it’s usually because of an accident.
But a totaled automobile doesn’t necessarily equate to a significant accident. Sometimes, even a small crash can result in colossal damage to the vehicle. The bad thing about accidents is that they can happen at any time.
Worse, it can involve an innocent, meticulous victim. While we shouldn’t become jittery and anticipate misfortunes, we should know what to do when a car crash happens. And if your vehicle was totaled, you shouldn’t be confused about the steps to take.
Learn everything you need to know about when a car becomes a total loss. Know the roles of insurance companies in the whole process. Understand when you need an auto accident attorney in Brockton. You’ll never know when the knowledge will come in handy for you or your friends.
How Do I Know That My Car is Totaled in Massachusetts?
There’s a general rule regarding totaled cars. Your car is automatically totaled when the cost of damage in the crash is higher than the vehicle’s value. We’ll give an example.
Let’s suppose that Clara’s car is worth $20,000. Clara gets into an accident, and her car gets wrecked. When she accessed the cost of repairs, she discovered that it was $40,000. The damage exceeds the total value of her automobile. Therefore, her car is a total loss. But this isn’t what obtains in Brockton, Massachusetts.
Massachusetts does not use a fixed 80% statutory threshold. Under 211 CMR 133.05, whenever the appraised cost of repair plus probable salvage value may reasonably be expected to exceed the vehicle’s actual cash value (ACV), the insurer must determine ACV and proceed with a total-loss valuation. Separately, G.L. c. 90D, § 1 defines a total-loss salvage vehicle based on the owner’s or insurer’s determination that it is uneconomical to repair. Going by that economic test—not an 80% rule—Clara’s vehicle may still be a total loss if repair cost plus salvage would exceed ACV.
What To do If Your Car Is a Total Loss Due to an At-Fault Driver
What if your vehicle gets totaled after a crash with a negligent driver? When your automobile is a total loss in Massachusetts due to another person’s carelessness, you have some options to choose from:
- File a claim with the negligent driver’s insurance.
- File a personal injury lawsuit.
- If you carry collision insurance, ask your insurance company to handle it.
If the negligent driver has enough property damage liability coverage, you can ask for damages from their insurance. You’ll need to file a claim with their insurance company with evidence to back it up. That’s why it’s essential to take pictures of the scene immediately after the crash.
Sometimes, the negligent driver’s insurance may not cover the property damage. If this happens, you may ask your insurance provider to cover the deficit. Alternatively, you can get an auto accident attorney in Massachusetts to file a lawsuit on your behalf. A court case is usually a great idea if the driver’s insurance contests your claim.
However, regardless of which option you choose, you’d need to get an insurance adjuster. The adjuster’s job is to assess what would be a fair settlement for you. Usually, the adjuster comes up with a less than the real value you deserve. You can up your chances of a better settlement by cleaning the insides of your car before the adjuster arrives.
Why You Need a Brockton Car Accident Lawyer
From the moment you’re involved in the crash, things happen too fast. With lots of decisions to make in such a limited time, you’re prone to mistakes. Sometimes, you don’t know what to do, and the insurance companies don’t help matters.
But with an experienced Brockton personal injury lawyer, you have nothing to worry about. From gathering evidence to negotiating with your insurance company, your attorney will handle it all. Since your legal advisors are familiar with the process, they’ll work fast to the best deadlines. They’ll also advocate for you in court if need be.
Get Help — Call Your Car Accident Lawyer in Brockton, Massachusetts, Immediately!
If your vehicle is a total loss, you should immediately call the Brockton Car Accident Lawyers at Shea Culgin Law. With our experience handling total-loss and property-damage claims, we will evaluate your claim and pursue fair value under your policy and Massachusetts appraisal rules—without guaranteeing any particular settlement outcome. Schedule a free consultation today.