What do I do if my car was totaled and I'm not at-fault?

Even if you drive safely and follow all the rules, you may still total your car due to the fault of another driver. What do you do if you get into a crash due to someone else’s negligence? Continue reading this blog to learn more.

Determining Total Loss

Following the accident, it is important that you file an insurance claim with the other driver’s insurance.

Proper documentation is necessary to include in these claims to ensure that you receive full compensation. Insurance adjusters use the documentation and information to determine the total value of the vehicle before the accident. This total value not only includes the vehicle alone, but modifications such as a new stereo system or tire installation (which could increase the value).

In addition to the total value of the vehicle, insurance adjusters also calculate the cost of repair. Total loss is declared once the cost of repair amounts to a percentage of the total value. Certain state laws require a declaration of complete loss when damages are about 70 percent or more of the total value of the vehicle.


The insurer compensates you for the pre-accident value of the vehicle in the event that your car is totaled. It is important to note that this does not mean they will replace your car or that the value will absolutely be enough to buy a replacement vehicle.

By accepting a settlement, you are essentially agreeing that the insurer will take possession of your totaled car.

Potential Issues

If your car is totaled and you are not at fault, various issues may arise. They are the following:

  • Insurance companies don’t automatically give you a fair settlement. Often, it takes an experienced personal injury attorney to help you win your case. If you have injuries in addition to property damage, you should always use a lawyer.
  • Sometimes a car is totaled and it was purchased with a loan that has a greater outstanding amount than the insurer’s estimated value. This creates an issue. You might end up paying for the damaged car even though you were not at fault. Because the car’s destruction does not affect the loan agreement, the only solution to this issue would be to push for a higher vehicle estimate.

Car Accident Lawsuit Loans From Uplift Legal Funding

If you were in a car accident due to a negligent driver, consider filing a claim to obtain compensation for your damages. Uplift offers car accident loans to plaintiffs nationwide. Learn more by giving us a call at (800) 385-3660 or apply online.