Tens of thousands of car crashes happen across the country daily. If a car is totaled in a crash, that means that the cost of repairing the damage is more than the car’s value. If your car was totaled after being hit by a drunk driver, you might be left wondering what to do or where you should turn.
A personal injury attorney who practices accident injury law in your state can help you get your claim on track and ensure you are treated fairly throughout the claims process. If your car was totaled, you will most likely have other damages, too.
Replacing Your Car
While state laws do differ, what you are owed for your total car is straightforward from state to state. The liable party’s insurance owes you the actual cash value of the totaled vehicle.
There is sometimes a discrepancy in the method used to find the retail market value. In most cases though, the state regulations indicate what rules and methods that the insurer must follow in coming up with a fair value.
For example, most insurers will offer you a cash settlement. This will be based on the actual cash value of like vehicles in the nearby vicinity. Some insurers might offer to replace your vehicle with a comparable car that is available in your local area.
If you cannot reach a satisfactory agreement with the insurance company because you can’t agree on the actual cash value of the totaled vehicle, there may be an appraisal provision in the insurance policy that allows use of an independent appraiser or another method to resolve the dispute regarding your car’s value. In addition to your vehicle value, the insurer should add license fees, taxes, and any other fees that must be paid to transfer ownership, so you can make the next vehicle drivable.
Other Damages
If your car was totaled, you most likely got a good jar and possibly even some injuries. You should have sought medical treatment, so you will want to be reimbursed for those costs. Also, you want to be reimbursed for any missed work and lost wages as well.
If you have medical expenses, then you may also have pain and suffering. Here are some common damages sought after a car accident in which you were hit by a drunk driver:
- Medical expenses – past and future
- Lost wages – past and future
- Pain and suffering
- Property damages
- Loss of enjoyment of life
- Loss of consortium
- Permanent scarring and disfigurement
- Short-term or long-term disabilities
Consult With a Personal Injury Lawyer
If your car was totaled after being hit by a drunk driver, you should consult with a personal injury attorney. A lawyer will make sure your interests are protected and will ensure you get a fair settlement.
You have nothing to lose because personal injury lawyers work on a contingency basis. Complete the Free Case Evaluation Form to have a lawyer in your area review your case details and help you proceed.
