You should be able to file a lawsuit if your car got totaled in a car accident. It is also very important for you to know what the term “Totaled” means and you should also have a good understanding of your right when it comes to suing for a car accident. If your car has been totaled, you are entitled to get some payments and in lots of cases, insurance companies tends to cover up for damages done to the vehicle. Someone totaled my car, can i sue is what this article would be talking about today so stick around and have some fun with us.
Sustaining personal injuries in a car accident also entitles you to file for a lawsuit as well instead of just going with whatever the insurance company has to offer you. A car is declared to be totaled when the cost of repairing the damage it suffered in a car accident is greater than the present value of the car on the market. This situation doesn’t really happen at all the time unless the car turns out to be inoperable and seriously damaged. Based on this analysis, a car getting totaled also helps in telling you how serious the car accident is.
Someone Totaled My Car, Can I Sue
Take Florida for example, instead of using the damage suffered by the car in the accident to measure how severe the accident is, Florida makes use of the injuries sustained to ascertain how serious the accident is. What this is simply trying to tell us is if you have been involved in a car accident where injuries sustained to your body affects your body functions or ends up leaving marks behind then it is considered very severe for victims to go ahead and file a lawsuit.
You are qualified to sue if your lost wages and medical bills have a total of ten thousand dollars. In order for you to come out victorious in this sort of lawsuit then you would need to be able to prove that the other driver involved in the accident was the one at fault. Hiring a lawyer can be of great help in winning this case and one of the common ways to prove if a driver is at fault is by checking speed and running of red lights.
You would also need to show or prove that the other driver was distracted while driving, drunk while driving or maybe committed another serious offense that could lead to such a serious accident.
How Much Does Insurance Pay For A Car That Has Been Totaled
Your insurance company is obligated to cover up for some of your personal injuries and damages that your car has suffered if you have been involved in a car accident and your car got totaled. Truth is your insurance alone might not be able to cover up for everything and this is the point where you would have to turn to the other driver that is at fault for the accident. The property damaged in accident is worth the full value of the car that has been totaled in an accident.
This means the current value of the car would be used based on hat model and make it is, how old and also its current condition. These are important parts in every damage and would also be important when filing for a lawsuit. However, the most important damages that needs to be taken a look at are the ones that involves body injuries. Getting injured in a car crash can lead to facing expensive medical bills and you can also lose your wages as well as going through pain and suffering.
One thing about insurance is they only tend to pay partial damages so trying to get insurance payment for your injuries might not really be the best option at this point. You would be forced to pay deductibles if you end up claiming damages through your insurance and you would also be subjected to policy rules where a certain percentage of lost wages and medical bills would be covered. You would also be unable to make a claim for pain and suffering. If you want to get a better compensation for all damages then you should file a lawsuit.
If the driver did negligent driving or something more dangerous then you might just be entitled to what we cal punitive damages and if this driver drives a commercial truck then you can also be able to sure the truck company.