The owner or lienholder will receive the insurance check when a car is totaled. If the vehicle is still being financed, the lender is paid the balance owed first, and the remaining balance goes to the owner. As for the vehicle itself, the insurance company will pay the actual cash value (ACV), take possession of the totaled car, and sell it off.
Atlanta car accident lawyers help vehicle owners receive payment for their cars after they have been totaled. Many personal injury law firms in Atlanta will review your accident at no cost to you. During your consultation, they can also clarify your right to damages and fight for your financial recovery.
When Is a Car Declared a Total Loss?
Having your car declared a complete loss can be a daunting experience. How you are compensated will depend on whether you own your car outright or still owe on its purchase. In Georgia, a car is deemed a total loss when the repair costs for the car will exceed its actual cash value (ACV).
There is no law that establishes the criteria for a total loss. The insurance provider and its adjuster will make this call. The car might then be issued a salvage title if you want to retain it or buy it from the insurer. Your lawyer can help you obtain this type of title and clarify its limitations.
What if the Totaled Car Has Not Been Paid Off?
The financer of your car is entitled to the remaining balance owed on the vehicle. The insurance company will submit a check to the lender first to pay off that balance. Any money left is then paid to the owner of the vehicle.
If the payment from the insurance company to the lender is insufficient to pay off the remaining balance, you will be responsible for paying off the difference. However, if you purchased gap coverage, this insurance policy would cover that difference.
How Do Insurance Companies Define the Value of a Totaled Car?
If your car was totaled in an accident, you want to get the best possible compensation for its replacement value. The compensation the owner gets could be based on:
- The cash equivalent method: This is the actual cash value (less the deductible) to purchase a car of similar year, make, and model.
- The replacement vehicle method: The insurance company will simply replace your totaled car with one of similar year, make, and model.
You do not have to accept the value assigned to your car if you disagree with it. A lawyer can help you prove your car had aftermarket upgrades and accessories that increased its monetary value.
For a free legal consultation, call 404-214-2001
What Other Damages Can You Receive in a Car Accident?
A car that has been deemed a complete loss is often the result of a serious accident. In addition to receiving a fair value for your car, you and the others involved in the accident could still recover damages such as:
- Current and future medical bills
- Treatment-related travel costs
- Rehabilitation and therapy
- Current and future lost wages
- Loss of future earning capacity
- Disfigurement and impairment
- Physical pain and suffering
- Mental and emotional distress
- Loss of enjoyment of life
You are entitled to compensation for a negligence-based accident if you were the driver or passenger. Track your expenses and losses and file your car accident lawsuit on time.
What Compensation Can Surviving Families Receive After an Accident?
Families who lost a loved one in a fatal car accident can recover a range of wrongful death damages, including the costs of the decedent’s funeral, burial, or cremation. Additional compensation can include:
- Loss of a loved one’s income
- Loss of their domestic support
- Lost companionship and care
- Lost consortium and guidance
Your wrongful death lawyer will clarify how to file a wrongful death action, who can file it, and which family members can receive compensation.
How Long Do You Have to File a Car Accident Lawsuit in Georgia?
You have a limited amount of time to file a personal injury lawsuit after the accident. With limited exceptions, you generally have:
- Two years to file your personal injury or wrongful death lawsuit, per O.C.G.A § 9-3-33
- Six months to file a notice of claim against a government agency, per O.C.G.A. § 36-33-5
If your lawsuit is not filed on time, you could be prevented from filing it at all. Plus, the insurance company could refuse to negotiate a fair settlement. Let your accident attorney handle it for you. They can interpret the statute of limitations and file your lawsuit on time.
What Does the At-Fault Driver’s Insurance Company Need as Proof of Fault?
You can recover damages by proving the at-fault driver was negligent. That means proving its elements, including:
- Duty of care: The at-fault driver’s legal responsibilities
- Breach of duty: Their deviation from the legal duty
- Causation: The direct link between action and collision
- Damages: The accident’s financial expenses and losses
The best way to prove these elements is with a solid collection of evidence that supports the validity of your claim.
Who Collects Evidence and Deals With the Insurance Company?
A solid collection of evidence will prove the cause and the costs of your Georgia car accident that led to a totaled vehicle. Your case file can include the following:
- Police report
- Medical records
- Medical bills
- Proof of income
- Car inspection report
- Accident reconstruction
- Accident scene photos
- Witness statements
- Your own written statement
- First responder reports
A lawyer can help you compile your evidence into a cohesive case file and submit it to the at-fault driver and their legal representatives in an organized fashion.
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Get a Free Review of Your Car Accident
If you were involved in a car accident and the car was totaled, the vehicle owner or the lienholder will be compensated for its value. Learn more about who gets the insurance check when a car is totaled and who can recover other forms of compensation.
You do not have to pursue car accident damages without legal support. Contact our consultation team at Kaine Law to start fighting for your financial recovery.
Call or text 404-214-2001 or complete a Free Case Evaluation form
