Car accidents can be a very stressful experience, and there is nothing more frustrating than the aftermath of having your car totaled, and you’re not at fault. The process can feel overwhelming, especially when dealing with insurance companies that may not have your best interests at heart. There are a number of things you need to do to protect yourself and get the compensation you deserve after being injured in a serious car accident.
What To Do During The Car Accident
The first step after any car accident is to check for injuries and make sure that you move to a safe spot if possible. Call 911 to report the accident and request medical assistance. A police report will be crucial in proving fault and supporting your insurance claim, especially in cases where the car has been totaled by the other driver. If you’re physically able to, you’ll want to document as much evidence as possible. Take photos of the accident scene, vehicle damage, license plates, traffic signs, and any visible injuries. Collect contact information from witnesses and get the at-fault driver’s insurance details. This evidence will be valuable when filing your claim.
What To Do After The Car Accident
In the days and weeks that follow a car accident it’s important to make sure you are following all the right steps related to a potential claim. You might be wondering, my car was totaled now what? The officer who responded to the scene of the accident will have filed an accident report, which includes their assessment of fault. Request a copy of this report as soon as it becomes available, as it can serve as a key piece of evidence in your insurance negotiations or legal proceedings.
The next step is to notify your insurance company of the accident. Even if you weren’t at fault, you need to report the accident to your insurance provider to make sure proper documentation and investigation is conducted related to your claim. Most insurance policies require prompt reporting within a few days or weeks of an accident so you’ll want to make sure you contact them as soon as you are able to. Colorado follows an at-fault insurance system, meaning the responsible driver’s insurance should cover your damages. It’s important to contact the at-fault driver’s insurance company to file a property damage claim when your car has been totaled. The insurance company will likely send an adjuster to assess your vehicle’s damage and determine if it’s a total loss. Insurance companies can be intimidating at times, hiring a car accident lawyer after your accident to speak with them on your behalf can make sure that your interests are being protected.
Determining Fault in the Accident
Colorado follows a comparative negligence rule, meaning that fault can be shared between parties involved in an accident. If the at-fault driver’s insurance company tries to argue that you were partially responsible, it is important to have strong evidence—including photos, witness statements, and the police report—that can help you counter their claims. The insurance adjuster will review these factors when assessing liability. If disputes arise, a personal injury attorney can help advocate for your case and prove that you were not at fault.
What It Means for a Car to Be Totaled
When someone hit you and totals your car, it’s important to understand what that means. A vehicle is considered totaled if the cost to repair it is more than its actual cash value (ACV). In Colorado, insurance companies typically use a percentage threshold (often around 100% of the car’s value) to determine whether the car is a total loss. The ACV is calculated based on the car’s make, model, year, mileage, and market value. If your car is declared a total loss, the insurance company will offer a settlement amount based on the ACV, but this amount may not always reflect what you believe your car is worth. It’s important to research your car’s value using resources like Kelley Blue Book and Edmunds to ensure you receive a fair payout. If you have made customizations to your vehicle this can also impact the final settlement value. If the settlement is too low, you have the right to negotiate.
Know Your Legal Rights
It’s also important to note that if you have suffered injuries in the accident, you may be entitled to compensation for medical bills, lost wages, and pain and suffering, on top of compensation to pay for your totaled vehicle. A personal injury claim can help you recover these damages beyond just vehicle replacement.
Insurance companies often try to minimize payouts. If you’re facing an unfair settlement or the at-fault driver’s insurer is delaying or denying your claim, consider consulting a personal injury attorney. An attorney can negotiate on your behalf and, if necessary, pursue legal action to ensure you receive fair compensation.
If negotiations fail or the at-fault driver’s insurance refuses to pay, filing a lawsuit may be necessary. In Colorado, you generally have three years from the date of the accident to file a property damage claim and two years for a personal injury claim.
Make Sure You Act Promptly After Your Car is Totaled
Being in a car accident is frustrating, especially when your vehicle is totaled through no fault of your own. However, by taking the right steps, gathering evidence, and seeking legal help when needed, you can protect your rights and secure the compensation you deserve. If you’re struggling with an insurance claim or need legal guidance, don’t hesitate to reach out to an experienced Colorado personal injury attorney.
