Property Damage – What To Do With A Totaled Car

In the context of a car accident, property damage is any damage your car sustained as a result of the collision. One problem that you could run into as you file your Massachusetts property damage claim with your insurance is that your insurer can declare your vehicle totaled.

Why Your Car is Totaled

Sometimes when a car is in an accident it sustains a seemingly small amount of damage. Other times you can tell the car is obviously going to need a lot of repairs. Your insurance company may claim that your car is totaled in either situation. They will then typically try to pay you the value of the car prior to your accident, with the intention that you can use those funds to replace your vehicle with one of similar value.

The way that insurance companies determine whether or not your car is totaled is by estimating the value of your car and what it will cost to repair it. If it costs more to repair your vehicle than it's actually worth, then your car is totaled.

Insurance.com also maintains that your car could be totaled because it can't be safely repaired, or the State requires your insurer to qualify your car as totaled based on the amount of damage sustained.

How to Get Your Car Back 

If you let the insurance company know early on that you would like your totaled car back, they will typically let you keep it. You will also still receive a settlement for the value of your car (not how much it will cost to repair it!) minus your deductible and the estimated value that your car is worth to a salvage yard.

What to Do if You Don't Receive Appropriate Compensation

You may want to hire a lawyer if you believe you aren't receiving the full value of your car after it's been totaled. The Massachusetts attorneys at Phillips & Garcia will fight for your rights in your property damage claim. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620. 

For more information on property damage claims, read our article on How to File a Property Damage Claim in Massachusetts, in our library.