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Property Damage: How the Total Loss of Your Car Is Determined after an Accident

Car Accidents / January 11, 2024

Being involved in a car accident can be devastating. Not only will you be recovering from the injuries you have suffered, but you will likely be left wondering what your next legal steps should be. As you build your personal injury claim, you will likely want to pursue compensation for property damage due to the damage to your vehicle. It is important you understand when your car is deemed a total loss in your personal injury claim and how that could affect your case.

At Hollis Law Firm, we can help you build a strong personal injury claim as you pursue justice after a car accident that has left your vehicle with extensive damages. We can help you understand what determines whether your car is considered a total loss and how that may affect the compensation you are eligible to recover.

Criteria Used to Determine if a Vehicle Is a Total Loss After a Car Accident

Following a crash that results in damage to your property, insurance companies will perform a total loss valuation. The total loss valuation and the laws within the state will determine whether or not the vehicle is declared a total loss. The Total Loss Threshold, or TLT, is used to calculate if a vehicle should be considered a total loss after being involved in a car accident. The Total Loss Threshold is the legal limit that an insurer must use to declare a motor vehicle totaled. When a vehicle is declared to be a total loss, the insurer must acquire a salvage certificate of title or certificate of destruction.

If the Total Loss Threshold for your state is 80 percent, it will be considered a total loss if the damage to fix your vehicle exceeds 80% of the Actual Cash Value of your vehicle before being involved in the crash. In other words, if your car was valued at $10,000 prior to the crash but will cost $8,000 or more to repair the damages caused by the crash, your vehicle will be deemed a total loss. 

Who Pays for the Total Loss of a Vehicle After an Accident?

If you were not at fault for the car accident that led to the destruction of your vehicle, the other party will be liable to pay for the damage to your vehicle. Your personal injury lawyer can help you determine the at-fault party and build a strong claim to pursue the compensation you are owed. Your lawyer can prove the liability of the other driver by showing evidence of the four factors of negligence:

  • The liable party owed you a duty of care
  • The duty of care was breached 
  • The breach of duty led to the car accident and damage to your property
  • You suffered losses as a result

To begin filing your claim, contact a trusted car accident lawyer today.

Get Compensated After Your Car Is Totaled in a Crash

At Hollis Law Firm, our goal is to help you get compensated after your vehicle has been totaled in a crash. We can help you build a strong case as you pursue justice for the losses you have suffered. 

We guide our clients through the personal injury process and provide them with the trusted legal counsel they deserve as we help them understand whether their vehicle is considered a total loss. Contact our car accident law firm today at (800) 701-3672 to discuss your claim. You can also complete our contact form.