Thursday, July 19, 2012

Property Damage: Totaled

Property Damage: When is a Car “Totaled”?
            Dealing with injuries sustained in an accident is bad enough, but in most cases of motor vehicle collisions the person is also faced with a damaged car and the problems of dealing with an insurance company on the property damage.

            The first thing to realize in these situations is that a car may be “totaled” even though it clearly can be repaired to a perfectly drivable condition.  The fact is that the insurance company doesn’t have to pay for repairs which are higher than the value of the car. 

            Since repairs are quite commonly expensive and since the value of cars diminishes fairly rapidly with time, the estimated cost of repairs to a damaged car, even where the damage appears to be superficial, can easily exceed the value of a car even one which is only a year or two old.  Where this is the case, the car will be deemed “totaled”, and the insurance company will pay the market value of the car.

            There are a couple of problems here that many owners will face.  One is that the value of the car, and thus the amount being paid, is lower than the amount owed on a car loan.  Typically following purchase a car will lose value faster than the car payments will reduce the loan, so that getting paid the value of the car will not be enough to pay off the loan.  Most car insurance policies offer an option of “gap insurance” which will take care of the deficiency if the car is totaled.  Purchasing this optional coverage is well worth the money to avoid ending up owing the financing company more after settling the property damage claim.

            The other problem is that the insurance company is likely to use a method of evaluation which will understate the fair market value of the car, so it is important to be in a position to challenge the insurance company’s proposed value and to negotiate a higher amount.  At Lowry & Associates we are accustomed to dealing with these issues and are often successful in saving our clients quite a bit of money, a service for which we make no extra charge.

            If you have been in an accident, it is a good idea to contact us to see if we can help.  You can call at 800-999-LEGAL(5342) or fill out the contact form on our web site





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