Driving is an integral part of daily life in Las Vegas. With many vehicles on the road, the chances of being in an accident at some point are significant. While many accidents are minor fender benders, sometimes the damage can be severe.
What should you do if your car was totaled in an accident? Understanding the appropriate steps to take is crucial to relieve stress and ensure you get what you’re entitled to receive to recover from the accident. The seasoned attorneys at Sam & Ash Injury Law have compiled some helpful information to assist you if your vehicle has sustained significant damage in a collision.
Assessing the Damage
The first step to knowing what to do after a car accident is understanding your injuries and the extent of your vehicle’s damage. You should request emergency medical attention if you or anyone else is injured. If your car is damaged, the police will note the damage in an accident report. Eventually, insurance adjusters will put a value on repairing the damage.
A car is usually considered totaled when the repair cost exceeds the actual cash value (ACV). Determining whether your vehicle is totaled will require you to obtain an estimate from an auto body shop of the cost to fix your car. It also involves evaluating the value of your car before the accident, which includes factors such as its age, mileage, condition, and the price of similar models sold in your area. If you need to learn how to determine your vehicle’s value, a knowledgeable car accident attorney can help you.
Dealing With Insurance Companies
You must report the accident to your insurance company, regardless of who was at fault. If another driver was at-fault, your insurance company will coordinate with the other driver’s insurance company on the cost of repairs. In this phase, it’s vital to understand your rights and obligations. Talk with a qualified Las Vegas car accident attorney before providing a recorded statement to the insurance company. An attorney can help you understand the appropriate steps to take. Keep in mind that insurance companies often try to minimize the amount they pay to settle claims to protect their profit margins.
Understanding Your Coverage
The details of your insurance coverage can significantly affect how much you recover financially.
If another driver caused the collision, you would file a claim against the at-fault driver’s auto liability insurance for the cost of your injuries and car repairs or replacement of your totaled vehicle. Automobile owners in Nevada are required to have a minimum of $20,000 in liability coverage to pay for vehicle repairs and $25,000 in bodily injury coverage per person.
If you have collision coverage, this type of insurance pays for physical damage to your vehicle, regardless of who was at fault. You are responsible for paying the deductible. If you borrowed money to buy your car and are still making payments, you most likely have collision coverage. Many lenders require borrowers to have collision coverage.
You also may have gap insurance. Gap coverage – short for Guaranteed Auto Protection —covers the difference between the actual value of your vehicle and the balance on the car loan. Gap insurance is an optional coverage in Nevada. Many lenders offer Gap coverage to consumers when they purchase a vehicle. It’s prudent to have if you buy a car with a low down payment and extended financing. Some lenders require Gap coverage to receive certain types of vehicle financing.
If you need help understanding your insurance coverage or have questions, speak to an experienced Las Vegas car accident attorney.
Seeking Medical Attention
Even if you think you have not sustained any injuries in the accident, one of the most important steps you can take is to seek prompt medical attention. The adrenaline rush after an accident can mask the pain of injuries. Some injuries, such as concussions or internal organ damage, are not always immediately apparent. The sooner you seek medical treatment, the better your chances are of recovering swiftly from your injuries.
Once you have received an initial medical evaluation, be sure to document your injuries and treatment. Having medical records and copies of doctor’s bills will be essential if you need to file a personal injury claim.
Negotiating a Fair Settlement
Having an experienced personal injury attorney can make a significant difference when the time comes to negotiate a settlement. A skilled lawyer can assist in the following:
- Gathering evidence – Your car accident attorney will conduct a thorough investigation into the accident and its causes.
- Determining fault – Your lawyer’s investigation will determine which party or parties is financially responsible for the damage to your vehicle, your injuries, and other losses.
- Calculating the value of your claim – In addition to ascertaining the amount of money you should seek for vehicle damage and medical expenses, your attorney can help you understand what you can claim for emotional distress and pain, and suffering.
- Negotiating with the insurer – While the at-fault party’s insurance adjuster may try to place the blame on you to minimize your compensation, a skilled Las Vegas car accident lawyer will fight aggressively for the maximum compensation you deserve.
Filing a Lawsuit
Negotiating with insurance companies does not always lead to a satisfactory resolution, particularly when the insurer refuses to offer you a fair settlement covering the full extent of your losses. In such cases, litigation may be necessary. You need a skilled personal injury lawyer with courtroom experience.
An attorney can ensure you file your suit timely. Nevada legally requires claimants to file personal injury lawsuits within two years of the accident date. For property damage, a lawsuit must begin within three years. You may forfeit your right to compensation if you do not meet these deadlines.
The Importance of Legal Representation
Negotiating with insurance adjusters or pursuing legal action can be stressful experiences, particularly if you are recovering from serious injuries. A seasoned Las Vegas attorney can handle the paperwork and legal procedures and provide trusted guidance while you focus on your recovery.
At Sam & Ash Injury Law, we pride ourselves on fighting for What’s Right for you. We want to help you get your life back on track.
Contact Sam & Ash Injury Law
If your car was totaled in a car accident and you struggle to recover from significant injuries, you do not have to face these challenges alone. The experienced attorneys at Sam & Ash Injury Law are committed to doing everything we can to help you hold those at-fault for your injuries financially accountable. We understand insurance company tactics and will prevent insurers from taking advantage of you. We believe that when someone does you wrong, you deserve What’s Right.
Contact us today for a free case review to learn more about how we can help you.
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