A Slow Process… Until it Isn’t:
After a car wreck, the insurance company’s evaluation of your vehicle damage (your property damage claim) may take a while to get started. The insurance company has to investigate the accident, determine liability, send an adjuster out to your vehicle or have you or the shop do a “virtual inspection,” and estimate the value of your damages. In Louisiana, the law states that if the cost of repairing your vehicle is 75% or more of its actual cash value (ACV), then the insurance company can declare it a “total loss.” In that case, the insurance company must pay you the ACV.
Once a vehicle is declared a total, buckle up! At that point, the adjuster is under pressure to put a stop date on your rental (if you have one), stop any continuing storage costs on the vehicle, and process the paperwork as quickly as possible.
So, what can you do ahead of time to prepare yourself for a total loss? Here are some steps to take if you even suspect your vehicle will be totaled after an accident.
As Soon as Possible. Get all of Your Stuff Out of the Car and Get Your License Plate:
If your vehicle is at a tow yard or repair facility following an accident, go to the yard and get all of your belongings out of it. Don’t forget to check the trunk, glove box, and under the seats! You should also bring a screwdriver so you can get the license plate off of the vehicle.
This is important because the insurance company usually wants to have your vehicle moved to their own location when it is being evaluated, in order to avoid paying storage fees. The vehicle may be moved far away, and once that happens, it will be a lot more difficult for you to get your belongings and license plate in the event it is totaled.
Don’t Forget to Take Pictures and Video of Your Vehicle:
Even if you took photos and video at the scene of the wreck, make sure to take even more when you go to visit your car wherever it is being held. Take photos and video at all angles, of all the damage, and even the interior, especially if the airbags deployed. If you can, take a photo of the odometer reading.
Photos and videos may be important if you have to hire your own damage appraiser to fight the insurance company regarding the value of your vehicle, or if the insurance company wants you to send them evidence of the damage and/or mileage. This evidence may also be important to an accident investigator later on.
Prepare to Get Another Vehicle:
When you are waiting on the insurance company to decide whether your vehicle is a total loss or not, you may feel stuck. But this is the time to be proactive! While you may not be able to purchase another vehicle before the total loss process is complete, you can start looking so that you have options in mind as soon as you are able to move forward.
You May be Able to Get Refunds for Unused Extended Warranties and GAP:
If your vehicle is totaled and you have unexpired extended warranties or unused GAP insurance on it (less common), then you may be due a prorated refund. Pull out your sale paperwork and call the warranty company. In some cases, the dealer from whom you purchased the vehicle may be able to help you through that process.
Have You Been Injured In A Car Wreck And Your Car Was A Total?
If you have been injured and your car was totaled in a car wreck due to the fault of another driver contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
