If you’ve been in a serious car crash, you have a lot on your mind. You might feel overwhelmed, or even scared—especially if you’re also dealing with injuries. You might also be wondering if your car is “totaled.” But what does that mean, anyway? At what point is a car considered totaled? And what happens when your car is totaled? Understanding the meaning of “totaled car” can help you navigate your insurance and other compensation options.
A crash severe enough to total your car likely caused injuries too. While you focus on your recovery, an experienced personal injury attorney can help navigate both your car insurance claim and any personal injury claims. They can ensure you get fair compensation for your totaled vehicle and any injuries you’ve sustained.
What Is Considered a Totaled Car?
Nevada law allows insurance companies to declare a car totaled if the repairs would cost 65% or more of the car’s fair market value. For example, if your car is worth $12,000, and the repairs will cost $8,000, it will be considered totaled. Let’s break down two terms here to better answer the question, “When is a car considered totaled?”
Actual Cash Value (ACV)
The actual cash value (ACV) is the amount the insurance company will pay for your damaged vehicle. It’s not the same as what you paid for it, what you owe on your loan, or what a new version would cost. It’s important to understand that your car’s value depreciates over time.
To figure out your car’s value, auto insurance companies look at:
- Local dealership prices
- Sales data from sites like Kelley Blue Book
- Your car’s mileage
- Its condition before the crash
- Any upgrades or recent repairs
Cost of Repairs
Cost of repairs is an important factor in what is considered totaled in a car accident. It includes all parts and labor needed to restore your car to its pre-accident condition. Here’s how repair costs are calculated:
- A licensed auto repair shop inspects your car
- They check for hidden damage (like frame damage that isn’t visible)
- They list every part that needs fixing or replacing
- They factor in labor costs at standard Nevada rates
Keep in mind that you don’t have to accept the first repair estimate. You can get estimates from multiple auto shops. If you still disagree with the numbers, you can hire an independent appraiser to review your case. A car accident lawyer can help you with this.
Can You Repair a Totaled Vehicle?
Yes, you can choose to repair a total loss vehicle. Many people feel attached to their cars and prefer to stay with something familiar rather than consider a replacement vehicle. If you repair it, you won’t have to deal with the stress of shopping for a new car or worry about taking on potentially more expensive monthly payments. This option can make sense if your car is paid off or has a high value.
However, choosing to repair a total loss car does have downsides. It will need a salvage title, which makes it harder to sell. There could also be damage you can’t see that leads to bigger repair bills down the road. Many cars that have been in major accidents never quite drive the same way again, no matter how well they’re fixed. Plus, you’ll probably end up paying higher insurance rates since companies charge more to cover salvaged vehicles.
How Long Does it Take for Insurance to Pay Out a Total Loss?
The time it takes for insurance to pay out a total loss depends on how quickly your case is evaluated and an offer is agreed upon. This can vary widely, ranging from a few days to several weeks or more. In Nevada, insurance companies are required to act in good faith, which means they need to be fair, honest, and settle claims in a reasonable time frame, but there’s no specific legal deadline.
Once everything is settled, your payout should happen quickly. If you feel your insurance company is delaying your payout, an accident attorney can help make sure you’re being treated fairly. You can also help speed up (or slow down) your car insurance claim.
What Factors Speed Up Your Payout?
Several things can help speed up your total loss claim after an accident. When you quickly send over documents like your title, registration, and loan information, the insurance company can process your claim faster. Your case will also move more smoothly if the fault is clear and you’re happy with the insurance company’s initial offer.
What Slows Down an Insurance Payout?
Sometimes things don’t go as smoothly as you’d like. The settlement process can drag on if you need to fight for what your car is really worth or if there’s a debate about repair costs when calculating what is considered totaled for your car. Insurance fraud investigations or delays getting police reports can also slow things down.
How Can a Lawyer Help with a Totaled Car?
A car accident lawyer can be invaluable when a car is totaled, even beyond handling your injury claim. Here’s how they can help.
Working with Insurance Companies
Dealing with insurance companies after a car accident can be frustrating. They often use tactics to pay you as little as possible for your totaled car. An experienced lawyer knows these tactics and can negotiate to get you fair payment while you focus on recovering.
Getting Your Car’s True Value
The answer to “When is a car considered totaled?” isn’t always straightforward. Insurance companies might lowball the value of your car, but you don’t have to accept their first offer. A lawyer can help prove your car is worth more by showing evidence of recent upgrades, low mileage, or its excellent condition before the crash.
Managing Complex Accident Cases
When your accident involves multiple cars or there’s a fight about who caused the crash, things can get messy fast. A lawyer can sort through these complicated situations and protect your interests while handling multiple insurance companies and drivers.
Dealing with Gap Insurance
Sometimes you might owe more on your car loan than what insurance will pay for your total loss vehicle. A lawyer can explain your options and might be able to work with your lender to find a solution that won’t leave you paying for a car you can’t drive.
Handling Multiple Claims
If you got hurt in the crash that totaled your car, you might have two claims to deal with: one for your car and one for your injuries. Having a lawyer handle both claims means nothing falls through the cracks, and all your losses are covered.
Contact Blackburn Wirth Injury Attorneys for a Free Consultation
There’s more to what happens when a car is considered totaled than you might think. If you’ve been in a serious car accident that may have totaled your vehicle, don’t face the aftermath alone. Let us handle the legal complexities while you focus on your recovery.
Blackburn Wirth Injury Team can guide you through the process of dealing with your insurance policy, ensuring fair compensation for your totaled vehicle, and pursuing any personal injury claims. We’re here to protect your rights and fight for your best interests. Contact us today for a free consultation.
