When a vehicle sustains such severe damage in a motor vehicle accident and it cannot be repaired safely, it is considered totaled or a “total loss,” according to Geico. A vehicle might also be considered a total loss if:
- The repairs would cost more than what the vehicle is worth, or;
- “The damage meets the state’s total loss guidelines.”
In the event a driver’s vehicle is deemed a total loss, the insurance company may offer them a settlement. Drivers should take the time to review the terms of the settlement and the amount being offered to ensure they understand what they are agreeing to once they accept it. In most cases, once a settlement is accepted, the driver can no longer pursue the insurer for compensation related to their vehicle’s damage.
Will an accident victim receive the settlement if their vehicle is totaled?
The victim of a car accident might receive the settlement for their totaled vehicle if they own the vehicle, according to Geico. In the event the vehicle is financed or leased, the payment will go to the company in which the driver makes their vehicle payments to. In a case where a driver is financing a vehicle, the company will be paid first to cover any remaining amount due. If there is any money left over, that amount will then be sent to the vehicle owner.
Will the settlement include compensation for injuries and other losses?
Because a settlement for a totaled vehicle may be sent to a driver’s lender if they were leasing or financing the vehicle at the time of the accident, it may not include compensation for their injuries and losses. However, it cannot hurt for a driver to confirm with their insurer what exactly is included in the settlement that is offered for their totaled vehicle.
How much can a driver recover for their injuries?
The answer depends on how much insurance coverage is available. Drivers who engage in an accident in Fort Lauderdale, FL are first required to file a claim under their no-fault coverage which will pay up to $10,000 in medical expenses. If a driver exhausts their coverage and hasn’t satisfied their medical expenses and other losses, they can then turn to the other driver’s insurer for this.
If a driver is unable to recover the compensation they are due from either insurer, they can contact a Fort Lauderdale, FL car accident attorney to find out if there are any legal remedies available for them to take. Madalon Law is an accident law firm located in Fort Lauderdale, FL that helps car crash victims understand their legal rights and will fight for the compensation a victim should receive.
You can reach Madalon Law at:
100 N. Federal Highway, #CU5
Fort Lauderdale, FL 33301