Being involved in a car accident, in which your car is totaled, can be an extremely scary situation. The prospects of being injured, paying for mounting medical bills, and having to find a new set of wheels to carry on with your daily business dealings can be quite daunting. That’s why it’s imperative to know what you should do if your car is totaled in a vehicle accident and align yourself with a reputable Houston car accident attorney that can navigate you through the process.

Total Loss Vehicle

It’s important to note whether you live in a no-fault state or liability state. With regards to insurance coverage, if you’re protected by no-fault insurance then you will be compensated by your insurance company no matter who was at fault in your car accident. If your state abides by no-fault rules, you can seek a claim against the motorist who hit you. In fault states, liability in car accidents is centered on the negligent party. The party at fault for causing the accident is negligent. Here in Texas, we are a fault state which means that insurers will pay based on what the driver was at fault.

Drivers can also have collision coverage, which is supplemental insurance. Collision coverage is often pricey, but it will cover all vehicle damage regardless of what motorist was at fault. Even if it was your fault, you can file a claim against your own insurer’s collision coverage recoup damages your vehicle sustained in an accident. In Texas, the basis of who pays will depend largely on who was at fault since we live in a fault state. Texas attorneys know that the driver responsible for causing the total car accident is subject to negligent damages.

Total Car Loss Compensation

So what compensation can you expect if your car is deemed a total loss? The fair market value your car was worth on the day of the accident is what your insurance will pay you. The insurer will typically try to recoup some of its losses by selling your totaled vehicle for spare parts on the secondary market. You can keep your totaled car if you like, however, the insurer will subtract the salvage value from the total loss payout.

You can disagree with the insurer’s valuation of your totaled car by either negotiating with them or filing a lawsuit. The ladder will require you to prove that your vehicle was worth more than the insurer’s valuation. Keeping updated photos of your car is critical to determine its condition and a qualified expert is going to have to give live testimony to substantiate your claim.

Have You Been Injured In A Total Loss Accident?

If you’ve suffered injuries due to a total car loss accident then it is imperative that you work with a formidable Houston attorney who knows all the legalities of personal injury law, along with the ins and outs of a total car loss accident.


Houston, Texas-based attorneys Lapeze & Johns PLLC can help you get your life back on track and help with your medical costs, emotional distress, and damages to your vehicle. Contact us today at 713-766-0075 for a free consultation.

About Christopher Johns

Christopher Johns co-founded Lapeze & Johns with one thing in mind: civil justice for victims of negligence. Mr. Johns is an experienced trial lawyer who has tried over 50 cases to verdict and judgment throughout Texas, the Gulf Coast, and around the United States with a 98% success rate. His efforts throughout his time at the University of Houston Law Center and as a lawyer have garnered him many accolades, a 10.0 rating from AVVO, and Super Lawyer in Plaintiff’s Personal Injury Litigation every year since 2004. Read more about Christopher Johns here.

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