how to hire an attorney for car total loss claim

Contact a Total Loss Car Accident Lawyer at Shamis & Gentile, P.A. If you received a total loss payout from your car insurance company, fill out the form on this page. A total loss car accident lawyer can help determine whether you’re owed more money for your totaled vehicle.

Full Answer

Is it hard to close a total loss accident claim?

Either way, a total loss accident is usually more complicated than getting a vehicle repaired. More steps are involved in closing a total loss claim. Knowing what to do after a total loss auto accident will speed up the claims process so you can get your insurance money fast. A total loss auto claim is not a claim you want to sit on.

What to do if your car is a total loss?

Make sure you know where your title is as soon as you think your vehicle is a total loss. If you have lost your title, file for a lost title at the DMV right away. If your vehicle is a total loss, you may have to sign the title over to the insurance company. 3 

How long does a total loss auto claim take?

A total loss auto claim is not a claim you want to sit on. Total loss claims can sometimes take over a month to finalize and close. 1 The insurance company plays a large role in the speed of a claim, however, you play a part in the speed too. The sooner you file the claim, the sooner the insurance company can start working on your claim.

Can I negotiate a total loss settlement for my car?

You’ve been in an accident and your vehicle is a total loss, now what? The insurance company is going to make you a settlement offer. This may sound simple, but knowing how to negotiate a total loss settlement properly may be more complicated than you think. What if you disagree with insurance company’s valuation of the vehicle?

How do you fight a total loss claim?

Here's how to fight your insurance company if they don't offer to pay enough for your totaled car....What if my insurance does not pay enough for my totaled car?Step 1: Contact your insurance company. ... Step 2: Hire an appraiser.Step 3: File a complaint. ... Step 4: Consider mediation, if available. ... Step 5: File a lawsuit.

Can you negotiate the payout for a totaled car?

A vehicle is legally considered a total loss if the cost of repairs and supplemental claims equal or exceed 75% of the fair market value – which, again, can typically be negotiated. If your car is a total loss, and the insurance carrier accepts liability, they are required to pay fair market value for the vehicle.

How does insurance decide how much a totaled car is worth?

Key Takeaway: Total loss value is determined by adding up the cost of the repair and associated costs, the value your car loses due to an accident, and the rental reimbursement costs while your vehicle is down for repairs. Then, the value the insurer will sell the damaged car for salvage is taken off.

How do I get the most value for a totaled car?

Summary: How to negotiate the best settlement for your totaled carKnow what you are selling to your car insurance company.Prepare your counter offer.Determine the comparables (comps) in the area.Obtain a written settlement offer from the auto insurance company.Make your counteroffer for your totaled car.

How do you respond to a low settlement offer?

Steps to Respond to a Low Settlement OfferRemain Calm and Analyze Your Offer. Just like anything in life, it's never a good idea to respond emotionally after receiving a low offer. ... Ask Questions. ... Present the Facts. ... Develop a Counteroffer. ... Respond in Writing.

How do you scare insurance adjusters?

The best way to scare insurance carriers or adjusters is to have an attorney by your side to fight for you. You should not settle for less.

How long will insurance pay for rental car after total loss?

Insurance will pay for a rental car for up to 30 days after an accident, in most cases, as long as a customer has rental reimbursement coverage. The 30 days of rental car payments that insurance companies typically cover are meant to give enough time for car repairs to be completed or for a customer to find a new car.

Can I buy my totaled car back from the insurance company?

What is Insurance Buy Back? If your car has been written off as a total loss by your insurer, you may be able to buy it back. This means that your insurer will return your vehicle to you for a settlement figure rather than taking ownership of the vehicle and handing it over to a salvage firm.

What happens when an insured vehicle is totaled?

When an insured vehicle is totaled, the insurance company is basically forced to "buy" the vehicle from the owner. The amount they pay is the amount of compensation the driver receives, minus any fees, taxes, etc.

Why do insurance companies ask for power of attorney?

Insurance companies ask for power of attorney in order to legally move the vehicle's title without having to get the owner's explicit permission each time the company needs to fill out a form, or so the company can sell the totaled vehicle to a salvage yard to compensate the driver.

What happens if a car is ruined?

If their vehicle is completely ruined in a car accident, they will have to work with their insurance company to get their total loss claim processed. The process of getting compensated by an insurance company for a wrecked vehicle often involves the driver giving the insurance company some form of power of attorney.

Who can make decisions on their own?

When it comes to legal, financial, and health matters, individuals are generally the only ones who can make important decisions on their own behalf. When an individual legally gives another person or entity the ability to make binding decisions for them, they are giving that entity or person power of attorney.

Does a power of attorney cover car insurance?

Additionally, the power of attorney granted to insurance companies is generally limited and covers only the necessary activities for fulfilling a car insurance claim.

If your car is declared a "total loss" after an accident, your options will largely depend on available insurance coverage

If your car is declared a "total loss" after an accident, your options will largely depend on available insurance coverage.

What Does It Mean When a Vehicle Is "Totaled"?

In the broadest sense, a totaled car is one whose current value is less than the cost of repairing it. So if you have a car with a market value of $5,000, but it'll take $6,000 to repair the damage it received in a car accident, you can consider it totaled.

Getting an Insurance Company to Pay for Your Totaled Car

If you want an insurance company to pay for your totaled car, you first need to figure out which car insurance company to work with. In most accidents, you'll have two choices: your car insurance company or the car insurance company for the other driver.

Can You Keep, Sell, or Donate a Totaled Car?

If your car has sentimental value or you believe that you can effectively repair it yourself, you might ask the insurance company to let you keep it. You'll need to check and see if your state has any special "salvage"-related rules in place for doing this, especially if the vehicle is still drivable and you plan on using it.

Do You Need a Lawyer?

If your vehicle has been labeled a total loss after an accident, it might make sense to discuss your options with an experienced attorney, especially if you've also been injured or there are other accident-related loose ends to tie up. Learn more about getting a lawyer's help after a car accident.

What to do if your car is totaled?

If you think your vehicle has a good chance of being totaled, have it towed to your insurance company’s preferred body shop. Most companies have a few appointed shops they work with directly and it can speed up the claims process to use a preferred shop.

How long does it take to close a total loss claim?

Total loss claims can sometimes take over a month to finalize and close. 1 The insurance company plays a large role in the speed of a claim, however, you play a part in the speed too. The sooner you file the claim, the sooner the insurance company can start working on your claim.

How to determine the value of a car?

Researching the value of your vehicle is not mandatory. Your research gives you an idea of whether or not the insurance company is in the ballpark with its final payout figure. Investigate the value of your vehicle the following ways to determine its value: 1 Check Kelley Blue Book for figures on your vehicle. Insurance companies do not base payouts strictly by Kelley Blue Book, however, the site does a good job at placing a value on a vehicle. For someone who is not familiar with car values, Kelley Blue Book is a convenient tool. 2 Check similar vehicle listings in your area. Most insurance claims adjusters go through the same process by checking auto websites, newspapers, and dealerships in the area. 3 Collect receipts of recent major improvements because the upgrades may factor into your final payout. 4

What happens if you are underwater on your car loan?

Hopefully, if you are underwater on your loan you have gap insurance or loan/lease payoff on your car insurance policy.

How to run a claim smoothly?

Communication is the key for any insurance claim to run smoothly. Take it one step at a time and work closely with your claims adjuster. Make sure the insurance company has a good contact number for you and be available so you are not constantly playing phone tag.

Is a total loss accident more complicated than a repair?

Either way, a total loss accident is usually more complicated than getting a vehicle repaired. More steps are involved in closing a total loss claim. Knowing what to do after a total loss auto accident will speed up the claims process so you can get your insurance money fast.

How to settle a total loss claim?

Don’t let some of the information above make you apprehensive about settling a total loss claim. Sometimes the process is straightforward and smooth. But it’s good to be aware of the pitfalls and understand your position ahead of time. Just remember: 1 A total loss is (generally) when a vehicle is damaged more than 70-80% of its blue book value. Proving it is as simple as collecting a few repair estimates and documenting the blue book value of the vehicle. 2 Figure out whose insurance company should pay. This requires understanding if you live in a fault or no-fault state, figuring out negligence, and then pursuing the appropriate party, etc. 3 Never feel that you must accept an insurance company’s offer. You can always dispute it but be prepared to provide hard reasons for your disagreement if you want to get anywhere. 4 Five tips to keep in mind are: Actual cash value includes taxes and fees, insurance companies are required to settle undisputed portions of a claim, don’t trust your insurance carrier too much, attorneys often don’t help much with total loss settlements, and keep your eyes open for bad faith tactics.

What happens if you settle a total loss claim with another person's insurance company?

Be aware that if you’re dealing with another person’s insurance company to settle your total loss settlement, your claim may be more hostile. They’re more likely to lowball you or employ tactics to reduce your claim value.

What is no fault insurance?

This depends on whether you live in a fault or no-fault state. No fault insurance dictates that an insurance company will pay covered damages regardless of fault. Fault insurance places the liability for an accident on the negligent party (or their insurance company) [ 2].

What is the ACV of a total loss claim?

1. When an insurance company settles a total loss claim they compensate you for the “actual cash value” (ACV) of your vehicle. Actual cash value refers to the cost to replace your vehicle minus its depreciated value.

Why can't insurance companies withhold payment?

2. An insurance company cannot withhold payment because some percentage of a claim is disputed. For example, you may be haggling over $500 — in the meantime, it is their duty to pay the undisputed portion of the claim in a timely manner.

What is the threshold for total loss in Nevada?

Some states have an even lower threshold for a total loss. In Nevada, a vehicle only needs to be damaged at 65% of its value to be considered “totaled”, whereas in Florida it must hit 80%.

What does lack of money mean in insurance?

This lack of money means that an attorney is unlikely to pay much attention or perhaps even take on your total loss claim. 5. Beware of “bad faith” tactics. Some insurance carriers give quick settlement offers for lower than reasonable amounts hoping people will just take the money and go away.