If your car gets totaled in a San Antonio car accident, you should contact your car insurance company right away to report the crash. If another driver caused the accident, you may be eligible for a settlement from that driver’s insurance company to pay for a replacement vehicle. Make sure to speak with an experienced car accident lawyer in San Antonio for legal guidance and support.
When Is a Vehicle Considered Totaled?
When a car insurance company determines that a motor vehicle is “totaled,” it means it is a “total loss;” in other words, the cost to repair the vehicle exceeds the actual cash value (ACV) of the car (Texas Transportation Code § 501.091). For this reason, a car insurance company will not pay to repair the vehicle. Instead, it will pay an amount equivalent to the pre-crash value of the car, minus any deductibles.
Who Pays to Replace a Totaled Car in San Antonio?
Since Texas is a fault-based state, the party responsible for causing the car accident will be liable for paying to replace a car that was totaled in the wreck. All motorists in Texas are required to carry liability insurance to pay for others’ bodily injuries and property damage repairs. The current amount required in property damage liability insurance is $25,000.
How to File a Claim for a Totaled Vehicle in San Antonio
After a serious car accident damages your vehicle to the point that you cannot drive it from the scene, call to arrange a tow truck to bring it to a nearby auto repair shop. Your car insurance company may have a shop it recommends. The auto shop will work with your insurance company to determine if the vehicle is a total loss.
You can initiate a claim by contacting your own car insurance company to report the accident. If the other driver is at fault, your insurance company can seek reimbursement for any amount it gives you for a totaled vehicle through a process known as insurance subrogation.
The amount of financial compensation that is reasonable for your totaled vehicle will depend on the ACV of the car prior to the accident. If you disagree with the insurance company’s valuation, gather evidence proving that your car is worth more, such as documents showing the costs of aftermarket modifications or comparable vehicle sales.
Steps to Take After a Serious Car Accident in San Antonio
If your car gets totaled in an automobile accident, there are steps you should immediately take to protect yourself and prepare your case for the insurance claims process:
- Immediately check for injuries. Don’t exit the totaled vehicle until it’s safe to do so.
- Contact law enforcement and file a police report by calling 911.
- Get medical care right away.
- Do not admit fault or apologize for the accident.
- Gather evidence before you leave, including photos, witness contacts and driver information.
- Notify your car insurance company of the accident and your damaged vehicle.
- Confirm a “total loss” decision by reviewing the vehicle’s valuation report.
- Negotiate for a fair settlement from an insurance provider for the pre-crash value of your vehicle.
- Consider your vehicle replacement options and decide whether you wish to scrap or keep your totaled car with a salvage title.
- Consult with a personal injury attorney in San Antonio before accepting an insurance settlement.
Contacting a car accident lawyer can be critical if your car gets totaled in a crash in San Antonio. A lawyer can help determine an accurate ACV, negotiate a fair settlement and help you decide how to replace your vehicle. If an insurance company doesn’t offer a reasonable settlement, your lawyer can bring your case to court in San Antonio for maximum compensation.