Automobile collisions cause physical injuries, financial stress, and more questions than answers. Injured parties need to get to doctor appointments, earn a living, and get their vehicle fixed. A person can’t get better unless they have transportation. Some collisions leave vehicles “totaled” and experienced attorneys with Althauser Rayan Abbarno, LLP can help.
What does “totaled” mean?
If you’ve been in an auto accident and your car is totaled (also called total loss), it means your car isn’t repairable, or it costs more to repair than what it’s worth.
What the insurer owes you for your totaled car
The insurer of the at-fault driver owes you the actual cash value of your totaled car. If you and the insured can’t agree on the method to come up with the retail market value, the insurer must follow the total loss rules outlined in state regulations (leg.wa.gov). These rules allow the insurer to choose one or more of the following methods to determine the value of your car:
- Offer to replace your car with an available and comparable car (leg.wa.gov) in your local area
- Offer you a cash settlement based on the actual cash value of comparable cars in your local area
- If you the insurer cannot agree on the actual cash value of your totaled car, your insurance policy may have an appraisal provision in which you and the insurer agree to use independent appraisers or other methods to resolve the value dispute
If the insurer can’t find comparable cars in the area where you normally park your car, it may expand the search in 25-mile increments until it finds two or more comparable cars. With your permission, you may agree to extend the search beyond 150 miles.
The insurer must add to the actual cash value any applicable taxes, license fees and other fees required to transfer ownership.
To find out if the amount the insurer offers you is a reasonable estimate of the actual cash value, ask the insurer for a “total loss valuation report.” This report shows the comparable auto data the insurer used to calculate your vehicle’s value. Insurers aren’t required to provide it without being asked, so be sure you request a copy.
When you and the insurer disagree on your car’s value
You and your insurer
If you and your insurer can’t agree on your car’s value, you may have the right to hire an appraiser if your auto policy includes an appraisal provision. This provision typically allows you and the company to each hire appraisers.
You and the other person’s insurer
If the at-fault driver’s insurance and you can’t agree with their insurer on the value of your car and have your own collision coverage, you can use it to file a claim with your own insurer. Your insurer will then pay you for the loss of your totaled car.
What happens if you keep your totaled car
If you keep your car after the actual cash value, sales tax and applicable prorated taxes and fees are added together, the insurer deducts the salvage value from the total amount of the settlement. The insurer must report your totaled auto to the Washington state Department of Licensing (www.dol.wa.gov).
Injury Attorneys in Centralia and Olympia
For a FREE Injury Consultation in Centralia or Olympia, call Althauser Rayan Abbarno, LLP at (360) 736-1301 or visit CentraliaLaw.com