Yes, you can sue if someone totaled your car when they were at fault for the accident. You have the right to seek compensation for your vehicle’s actual cash value, lost use of your car, and other related damages through either an insurance claim or a lawsuit against the at-fault driver.
A Seattle car accident lawyer can evaluate your case and guide you through the process of recovering fair compensation for your totaled vehicle and related damages.
Understanding your legal rights and options helps you make informed decisions about how to pursue compensation for your losses.
Understanding Total Loss Determinations
Insurance companies declare vehicles “totaled” when repair costs exceed a certain percentage of the car’s actual cash value. This calculation includes both visible damage and hidden structural damage that may not be immediately apparent after an accident.
The actual cash value represents your vehicle’s worth immediately before the accident, considering factors like age, mileage, condition, and local market values.
Insurance companies use various methods to determine this value, including computer databases, regional market analysis, and comparable vehicle sales in your area.
You have the right to challenge the insurance company’s total loss determination and actual cash value calculation if you believe they’re unfairly low. This process may involve providing evidence of your vehicle’s condition, recent maintenance records, or comparable vehicle listings that support a higher valuation.
Get A Free Case Review
Free Case ReviewIn a confidential settlement for a commercial injury case.
When You Can File a Lawsuit for a Totaled Car
You can file a lawsuit for a totaled car when the at-fault driver caused your crash through their negligence, such as speeding, running red lights, or driving distracted. The key requirement is proving that the other driver’s actions directly caused the accident that destroyed your vehicle.
Several circumstances make filing a lawsuit more likely to be successful:
- The other driver clearly violated traffic laws
- Police reports indicate the other driver was at fault
- Witness statements support your version of events
- The other driver was under the influence of alcohol or drugs
- The accident involved distracted driving or other negligent behaviors
You may also need to file a lawsuit when insurance companies refuse to pay fair compensation, deny valid claims, or when the at-fault driver lacks adequate insurance coverage to fully compensate your losses.
Damages You Can Recover for a Totaled Vehicle
When someone totals your car, you can pursue several types of compensation beyond just the vehicle’s value. Understanding these potential damages helps you seek full compensation for all your losses related to the total loss of your car.
Property damage compensation includes your vehicle’s actual cash value at the time of the accident, minus any salvage value if you choose to keep the totaled car. The amount should reflect what you would have received if you sold the car immediately before the accident occurred.
Additional recoverable damages related to your car include:
- Rental car expenses while searching for a replacement vehicle
- Registration and title transfer fees for your replacement car
- Sales tax on your replacement vehicle purchase
- Personal property damaged in the accident
- Towing and storage fees following the accident
- Loss of use damages if rental coverage is insufficient
Call or text (800) 708-6000 or complete a Free Case Evaluation form
Working with Insurance Companies vs. Filing Suit
Most totaled car lawsuits start with insurance company negotiations, either through your own collision coverage or the at-fault driver’s liability insurance. Insurance companies often provide faster resolution but may offer lower settlements than what you might recover through litigation.
Filing through your own insurance typically results in quicker payment but requires paying your deductible upfront. Filing a claim directly against the at-fault driver’s insurance can result in full compensation without paying a deductible, but it may take longer and require more documentation.
When insurance negotiations fail to produce fair compensation, filing a lawsuit becomes necessary. Litigation provides access to the court system, where a judge or jury can determine appropriate compensation based on evidence and legal standards rather than insurance company policies.
For a free legal consultation, call
(800) 708-6000
Time Limits and Legal Requirements
Washington State’s statute of limitations gives you three years from the accident date to file a lawsuit for property damage, including your totaled vehicle. This deadline is firm, and waiting too long can permanently bar your right to seek compensation through the court system.
However, starting the legal process early often leads to better outcomes. Evidence preservation, witness memories, and documentation are typically better closer to the accident date. Insurance companies may also take your claim more seriously when they know you’re prepared to file suit if necessary.
You must also comply with Washington’s comparative negligence laws, which reduce your compensation if you contributed to the accident.
For example, if you were 20% at fault, your compensation would be reduced by that percentage. Understanding these rules helps set realistic expectations for potential recovery amounts.
Phillips Law Firm: Your Advocates for Totaled Car Claims
We know that dealing with a totaled car affects your ability to work, care for your family, and maintain your daily routine. Our community-rooted approach means we treat every client as a neighbor who deserves justice and fair compensation, not just another case number in our files.
Our team investigates every aspect of your total loss claim, including challenging unfair actual cash value determinations, negotiating with insurance companies, and preparing for litigation when necessary. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for your totaled vehicle and related losses.
Contact Phillips Law Firm today for a free consultation about your totaled car claim. We’ll evaluate your case, explain your legal options for suing someone if they totaled your car, and fight to recover the full compensation you need to replace your vehicle and move forward.
Real People. Real Justice. (800) 708-6000
