Recovering Damages After Your Car is Totaled

The amount that a person can recover if their car has been totaled is dependent on many factors. It can depend on who was at fault, the kind of insurance the at fault driver has or does not have, your own insurance policy, the amount your vehicle was worth at the time it was totaled, whether or not you owed money on your vehicle, and many other factors. 

Insurance Laws

Even though some states have similar auto accident laws and laws about auto insurance, each state has a unique set of laws specific to that state. Many states require that drivers carry insurance that covers damages to other vehicles if that driver is at fault, whereas some states require that all drivers carry no-fault insurance, or a variation of no-fault insurance. No-fault insurance means that it does not matter who is at fault for causing an accident, everyone in involved will deal only with their own insurance. 

Regardless of the kind of insurance your state requires, insurance policies have caps on them that set forth the maximum amount of coverage they are providing to a policy holder, regardless of the amount of damages an accident may have caused. Some insurance companies have options for their clients’ to be able to add on more coverage than what is typically offered, as a separate, add on policy, or as part of a larger package deal. 

No-Fault States

In states that require no-fault insurance, some also require or just have as an option, personal insurance protection (PIP) also referred to as, personal injury protection (also PIP). There are many states where PIP is not mandatory but is an option with some insurance carriers. This is an extension of car insurance that also covers medical expenses and oftentimes, lost wages. SOME PIP policies also cover expenses that are the result of accidents such as the cost of transportation to medical appointments or home property repair.

At-Fault States

States that do not require no-fault insurance, do require that all drivers carry some version of a minimum of insurance that will cover expenses for others in the event they are involved in an accident in which they are all or partially responsible for causing to happen. As well, most of these kinds of states have options for drivers to carry optional insurance that will cover damages for themselves even if it is their fault and/or the other driver’s insurance does not cover it. Insurance coverage options in these states often include for in case of the unfortunate event a driver who causes an accident is driving illegally, without proper coverage. These kinds of policies are referred to as uninsured driver or uninsured motorist coverage. 

Insurance Companies

Unfortunately, even with all of the different insurance requirements and options out there, it is well-known that getting the full amount a person is entitled to from an insurance company, can be tough. A lawyer that is licensed to practice law in the state your accident occurred may be able to give you legal advice about your particular situation and/or help you to get the full amount of compensation you are really entitled to.

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