skip to content
Home Motor Vehicle Accident Information When an Insurer Totals your Car

When an Insurer Totals your Car

When an insurer totals your car, always remember that the insurance company is in the business of making money and this will be their priority when it comes to your car or anyone else’s. That said, when your car has been damaged in a car accident, the decision on whether or not to total your car is entirely up to your insurer or the tortfeasor’s insurer. If you disagree with the insurance company on the actual worth of the damaged car, there is a claims process for settling disputes. However, going that route will also mean that the insurer will hold up any payment and if you need new wheels to get to work, the cost will come out of your pocket, not theirs. Here is some additional information on what happens when an insurer totals your car:

  • What constitutes ‘totaled’ varies from one state to the next
    State insurance guidelines are often the determining factor on whether or not a car is totaled. Some states’ guidelines say that if the damages exceed 51 percent of the car’s pre-accident value, that qualifies as totaled. Other states total a car when damages have reach 80 percent.
  • Common formula for determining a totaled vehicle
    In the simplest terms, an insurance company weighs the cost of the vehicle repairs and rental car against the cash value of your car. What your car was worth before the accident is determined by the insurance company’s proprietary listings that are based on averages.
  • How you are compensated
    When an insurance company has determined that your car is totaled, it sends you a check for their arbitrary opinion of the value minus any existing damages and deductible on your policy, if applicable. Essentially, they are buying the car and will then sell it to a salvage yard for as much as possible.

Whether or not the accident was your fault, unless you were driving a relatively new car a year or less old, you’re probably going to experience a financial loss if your car is totaled. For example, if you were driving a very well maintained six-year-old car with 55,000 miles on it, your insurance company is going to value it the same as a six-year-old car with comparable mileage that wasn’t properly maintained. Whether or not your vehicle would have provided many more years and miles of reliable performance is not a concern of the insurance company.

If you disagree with your insurance company on their appraisal of the car’s worth, you can hire an independent appraiser for an evaluation. However, the cost of this will come out of your pocket. If the company rejects the appraiser’s evaluation of the car, you can contact your state’s department of insurance and make an appointment to speak with a consumer representative. If you are still unable to reach an agreement with the help of the representative, you can pursue litigation, but by this point, you’ve probably spent more than you feel you were shorted by the insurance company.

Do I Have A Case?

padlock 100% Secure and Confidential

Martindale Hubbell | Highest Ethical standing
  • 5 StarsWalt Disney World Claims Department Employee

    “I was involved in a motor vehicle accident where the other driver ran a red light and my car was a total loss. I was referred to James Cunningham due to the fact that our attorney’s have been very impressed with James Cunningham’s work. This fact turned out to be very true as Mr. Cunningham helped me win my case to a full and maximum settlement.”

    - a Personal Injury client
  • Bar Register Preeminent Lawyers
  • The Florida Bar Board Certified
  • NBLSC Board Certified Lawyers
  • Multi-Million Dollar Advocates Forum
  • Lead Counsel Rated
  • Avvo Rating 10.0 Superb
  • The Florida Bar Certified Civil Trial Lawyer
  • Avvo Clients' Choice Personal Injury
  • Avvo Rating 10.0 Superb Top Attorney Personal Injury
  • Martindale-Hubbell AV Preeminent High Ethical Standing
  • The National Trial Lawyers Top 100
  • Super Lawyers
  • Florida Legal Elite

Client Testimonials

5 StarsGreat Service (auto accident)
After totalling my vehicle my father recommended I retain Mr. Cunningham. A little online research lead us to Mr. Cunningham who made this case an easy process and educational. I recommend Jim Cunningham. He is doing a great service. Tyrone, an Auto Accident Client

5 StarsOutstanding Attorney
I was in an automobile accident and didn't know where to turn. My son-in-law recommended James Cunningham and I am so happy I took his advice. James and his staff were very professional and compassionate in guiding me through a difficult time. I highly recommend him. Hilda, an Auto Accident Client

5 StarsExcellent Service
Mr Cunninghan was a consientious, competant attorney and very professional. His service was excellent and we would recommend him highly. Barbara his assistance was also excellent in her services to us both. Lawrence, a Car Accident client

Read Reviews

Request a free 30-minute case evaluation with attorney James O. Cunningham. Request Free Evaluation

Close Form

Receive a free case evaluation.

All submissions are personally reviewed by attorney James O. Cunningham within hours.

padlock 100% Secure and Confidential