When cars are totaled, they cost more to repair that what they’re worth. Fortunately, most insured drivers can get another car after a precious one is totaled by receiving the actual cash value of their vehicles from insurance companies.
If your car is totaled in an accident, you can recover the actual cash value of your vehicle in an insurance claim. If an insurer refuses to value your vehicle according to WORD methods accurately, you can take them to court over the matter. To speed up the process, provide an insurer with all the necessary information and evidence about an accident and your car’s history. Suppose you were also injured in an accident that totaled your car. In that case, you can likely file a lawsuit against the driver responsible for causing your injuries, depending on your insurance coverage in Pennsylvania.
To have the Philadelphia car accident lawyers at The Reiff Law Firm assess your case for free, call us today at (215) 709-6940.
When Can You Get Another Car After Yours is Totaled in Pennsylvania?
If your car was totaled in a motor vehicle accident in Pennsylvania, you will likely need to purchase another vehicle. But how long will it be before you can replace your case?
In Pennsylvania, insurance companies owe insured drivers the actual cash value of their cars that have been totaled. An insurance company will determine if your car is totaled by evaluating the cost of repairs and the scrap value of your vehicle against its value. If the overall cost of repairs is equal to or greater than the value of your vehicle, it will be deemed totaled. This means that repairing your vehicle is not worth it, and you should get another car.
Before you do this, wait until you receive the actual cash value of your car from an insurance company. The actual cash value of your car is how much it is worth, considering depreciation. So, if you purchased your car several years ago for $20,000, you are unlikely to receive $20,000 from an insurance company. Our Pennsylvania personal injury lawyers will confirm that the actual cash value calculated by an insurance company is accurate so that you do not accept a settlement that leaves you without sufficient compensation to replace your vehicle. Factors considered when calculating a car’s actual cash value include its age, mileage, added modifications, previous damage, salvage value, and resale value.
Once your car is deemed totaled, it should not take too long before your claim is settled and you receive compensation from an insurer. Depending on the case, it might be several weeks or months. If you dispute the result of the claim, meaning you believe you should receive greater compensation from an insurer, you will need to submit evidence that supports your position.
How Can You Replace Your Totaled Car Sooner in Pennsylvania?
Depending on your coverage and insurer, the process of getting the actual cash value for your totaled car and replacing it might take longer than you anticipated. Fortunately, there are certain things you can do to speed up the process and ensure you can purchase a new motor vehicle as soon as possible in Pennsylvania.
Your car might be totaled even if you were involved in a minor accident. For example, if your car is several years old and an accident caused your airbags to deploy and resulted in additional damage, an insurer might say it is totaled, even if it runs fine. Confirm that your car actually is totaled, considering its value and the damage done to it, before you accept a settlement.
Then, get your car appraised. Insurers use various methods to confirm the current value of a vehicle. Suppose you can get appraisals confirming that your car is worth more than an insurer claims it is. In that case, you might receive a higher actual cash value settlement, enabling you to replace your car sooner and with a similar vehicle.
Finally, prepare all the necessary information that an insurer might require. This includes providing evidence of your accident and its circumstances and meeting filing deadlines set by an insurer. Doing this gives you a greater chance of the claims process going smoothly in Pennsylvania.
Can You Sue to Replace a Totaled Car in Pennsylvania?
Suppose an insurance company refuses to give you the actual cash value of your vehicle after it has been totaled, and you are entitled to that compensation per the policy in place. In that case, you might be able to fight their decision. Furthermore, you can sue the negligent party for compensation if you were injured during the accident that totaled your car.
Sometimes, insurers are stubborn and refuse to value a vehicle properly. In such instances, our attorneys can take an insurer to court to get a victim what they deserve for a totaled car. Similarly, compensation may be necessary for the property damage done to a victim’s vehicle and the physical injuries they have sustained in an accident.
If you were hurt when your car was totaled, you may be able to file a lawsuit against the party responsible. Whether or not you can do this will depend on the type of insurance you have elected to purchase in Pennsylvania. Drivers with full tort insurance can always sue for compensation, regardless of the extent of their injuries. Drivers with limited tort insurance can only sue if their injuries meet Pennsylvania’s serious injury threshold. Our attorneys will assess your medical records and submit them as evidence to prove you meet this threshold and are eligible to file a lawsuit for injury. You will have two years to sue for injury following a car accident in Pennsylvania.
Call Our Lawyers About Your Car Accident in Pennsylvania
Call The Reiff Law Firm at (215) 709-6940 to discuss your case for free with our West Chester personal injury lawyers.
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