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What Are Your Legal Options If Your Car Is Totaled In a Car Accident

What Happens If My Car Gets Totaled in an Accident?

Car accident in Nevada

You’ve probably heard the term “totaled” after a car accident. In Nevada, a vehicle is considered to be “totaled” when the damage from a vehicle exceeds 65% of its fair market value.

If your vehicle was damaged in a car accident, you’d probably file a claim with an insurance company, either your own or the at fault driver. If the insurance company believes that it will cost more than 65% of the value of the vehicle to repair, they will total your vehicle. There are several things you can do to make sure you get a fair value for your vehicle. Be sure to consult with a Las Vegas car accident lawyer to discuss an insurance company’s settlement offers before accepting.

Totaled Vehicles In Nevada

A vehicle is considered “totaled” when it is a total loss. This means that the estimated cost to repair the vehicle is more than 65% of the fair market value of the vehicle. The insurance company will consider the value of the car in the condition and mileage it had right before the accident. Remember that this number will probably be different from what you paid for the vehicle and will not consider the amount of any existing loans you may have on the vehicle or what it will cost to replace.

Instead, the insurance company will only consider what it will cost to repair the vehicle in the condition it was in prior to the accident, and they will consider it a total loss if it will cost more than 65% of the vehicle’s value to repair it. If your vehicle has been totaled after an accident in Nevada, contact your Las Vegas auto injury attorney to discuss your options and next steps.

Infographic That Shows What Happens If Your Car Gets Totaled in an Accident

Who Will Pay For My Totaled Car?

If you have collision and comprehensive insurance coverage, your insurance company will reimburse you for damages up to your policy limit, as dictated by the circumstances of your car accident. You’ll likely need to pay a certain deductible before your insurance coverage begins.

If another driver was at fault for the crash, you could bring a claim against their insurance, in which case you will not have a deductible and will be reimbursed by the other driver’s insurance company for your damages. If you sustained personal injury due to the accident, discuss the situation with a Las Vegas personal injury lawyer.

Who Will Replace My Vehicle?

If your vehicle is totaled, the insurance company will write you a check for the amount that your car was worth right before the car accident. It will be up to you to find your next vehicle, which may cost more or less than the amount you receive from the insurance company.

How Do I Know If The Insurance Company Is Offering a Fair Amount?

Personal injury lawyer from Las Vegas, NV

It’s up to you to verify whether the insurance company is offering you a fair price for your vehicle. You can use an online search tool to determine approximately how much your vehicle was worth prior to the collision, taking upgrades and features into account. Although this won’t be sufficient if it comes to a court case, it can be a good starting point.

If the insurance company’s offer seems reasonable, consult with your Las Vegas personal injury attorney and accept the deal. The insurer will sell your totaled car to a salvage dealer who will scrap or rebuild it.

What If I Want To Keep My Vehicle?

Some drivers want to keep their vehicle and repair it themselves. You’ll probably get a lower settlement amount because even a totaled vehicle still has some value. However, you cannot drive the vehicle until it has been inspected and received a salvage title to make sure it’s safe to be on the road.

What If I Disagree With The Settlement Offer?

If you are dissatisfied with the insurance company’s appraisal of your vehicle’s value, you can consult with an experienced Las Vegas car accident lawyer who can help you understand your next steps and may represent you in court if you have a good case. Your attorney will bring in an expert appraiser who will testify to the value of your vehicle and indicate how they arrived at that figure.

How Can a Personal Injury Lawyer Help Me?

Working with an experienced Nevada attorney can make the difference between a successful or unsuccessful outcome. They can negotiate with an insurance company on your behalf, help gather evidence, and collect information regarding the value of your vehicle. If you need to take the insurance company to court, your attorney will be able to find an expert appraiser who will help provide the necessary evidence for your case.

Consult With Nevada’s Leading Personal Injury Lawyers

Get the representation and advice you need after a car accident when you work with the legal professionals at Benson & Bingham Accident Injury Lawyers, LLC. As Nevada’s leading personal injury law firm, we have extensive experience navigating all sorts of vehicle accidents and assisting victims in their claims. Contact us to schedule your confidential consultation and discuss how we can help.


Summerlin Location

11441 Allerton Park Dr #100
Las Vegas, NV 89135

Phone: 702-684-6900

Fax: 702-382-9798

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Las Vegas, NV 89101

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9230 S Eastern Ave #155
Las Vegas, NV 89123

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1320 E Plumb Lane Ste A
Reno, NV 89502

Phone: 775-600-6000

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Nevada Personal Injury Attorney

Joseph L. Benson II, and Ben J. Bingham, Personal Injury Attorneys

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