If your car was totaled in an accident that wasn’t your fault, you have several options, depending on the insurance situation and the laws in your state. Here’s a breakdown:
File a Claim with the At-Fault Driver’s Insurance
- Best option if the other driver is clearly at fault and has insurance.
- Their insurer should cover:
- The actual cash value (ACV) of your totaled car (minus any deductible on their end, not yours).
- Rental car costs while you wait for settlement (depending on their policy and your state’s rules).
- Possibly medical bills, lost wages, and other damages if you’re injured.
Use Your Own Insurance (If You Have Collision Coverage)
- This is a faster option in many cases.
- Your insurer will:
- Pay for your totaled car based on its ACV, minus your deductible.
- Later seek reimbursement from the at-fault party’s insurer (called subrogation), and may refund your deductible if successful.
Dispute a Low Payout Offer
- If the insurance company offers less than you believe your car is worth:
- Provide evidence (comparable listings, maintenance records, etc.).
- You can negotiate or even hire an independent appraiser.
- In some cases, file a complaint with your state’s insurance department.
Gap Insurance (If You Owe More Than the Car Is Worth)
- If you financed or leased the car, gap insurance may cover the difference between what you owe and the car’s ACV.
- Without it, you might still owe money even though the car is gone.
Seek Legal Help
- If you’re injured or facing resistance from the at-fault driver’s insurer, talk to a personal injury attorney.
- They can help you get compensation for:
- Pain and suffering
- Medical expenses
- Lost income
- Diminished quality of life
At Maaswinkel Law, they possess a deep understanding of Florida’s personal injury laws which plays a crucial role in helping individuals navigate the complexities of legal matters. There are NO fees unless you win! So, if you’ve been involved in a car accident, contact an experienced auto accident attorney at Maaswinkel Law, today to discuss your case. Call us at (407) 476-0261 our consultations are free!
