Property damage refers to any kind of harm caused to your vehicle or belongings after a crash. This includes a wide range of situations, from minor dents and broken headlights on your car to destroyed items like cell phones, laptops, or custom equipment inside the vehicle. Property damage is the overall umbrella for claims involving anything damaged in an auto accident that isn’t considered a bodily injury.
A total loss is a specific type of property damage claim and happens when the insurance company decides your vehicle isn’t worth repairing. If fixing the car costs as much or more than its actual market value just before the accident, the insurance company may declare it a total loss. In these situations, the vehicle is usually taken for salvage, and you’re paid the pre-crash value.
Contact a car accident attorney in St. Louis today to pursue financial compensation for losses.
Call (314) 300-6260.
How Does the Insurance Company Decide if a Car Is Totaled?
When deciding whether your vehicle is a total loss, the insurance company usually uses an equation that compares the estimated repair cost with the actual cash value (ACV) of your car right before the accident. If the repairs approach or exceed the car’s ACV, including everything from body work and parts replacements to labor, the insurer is likely to “total” your car and pay you its pre-accident market value.
Adjusters will also consider several other factors, such as:
- The age and mileage of your vehicle, since older, high-mileage cars hold less value
- Your car’s condition before the accident, including whether it had any existing scratches, dents, or rust
- Whether your vehicle had prior accidents or was recently repaired
- The current market value for similar cars in your area, which can increase or decrease the value
A car doesn’t have to look destroyed to be a total loss. If enough components need replacing, or parts take a long time to source, even a car that still drives might be declared non-repairable.
Can You Disagree With a Total Loss Decision?
You can challenge an insurance company’s decision to total your car. You can also challenge the amount that they value it at. For instance, if you maintained your vehicle in exceptional shape, added upgrades, or if locally comparable cars are selling for more than the insurer’s offer, these details are important if you decide to go back to the insurance company and ask for more money. You could also dispute how repair costs were estimated.
Should You Talk to a Lawyer About a Total Loss or Property Damage Claim?
It’s smart to get legal advice if you think the insurance company isn’t being fair. Specifically, here are some situations in which you should seek legal advice:
- The insurance company says your car is totaled, but you are not sure that is accurate
- The total loss offer seems too low
- The insurer is undervaluing your vehicle or leaving out important features or upgrades
- You are having trouble getting paid for repairs, towing, or a rental car
- The other driver’s insurance company is delaying or denying your claim
- There is a dispute about who caused the accident
- You feel pressured to accept an offer before you understand what your case is worth
A St. Louis personal injury lawyer can help make sure all aspects of your claim are handled fairly.
If you have property damage concerns after a Missouri crash, speak with a local personal injury attorney.
Contact us today to schedule a free consultation.