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Involved in a Serious Car Crash that Totaled Your Car? Here’s What to Do Next.

December 6, 2023 by thomson

In Virginia, if the at fault party has liability insurance, you or your attorney, will need to contact that insurance carrier and provide them with the location of the vehicle. You need to remove all personal items from the vehicle, including the license plates.  The insurance company is going to want to get your car removed from the storage lot as soon as possible as the storage costs on these tow lots are very, very expensive. What To Do About Your Car After It's Totaled

If you don’t hear from the at fault’s insurance company very quickly or if they put you on notice there is a problem with their insured’s coverage, then you need to consider having your auto insurance pay the claim under your collision coverage so you don’t get stuck with a month or two of tow lot storage costs which can be anywhere from $20-$100 a  day or more!

“How long do I get to keep the rental vehicle, to shop for a new car?”  There is no hard and fast rule.  I would expect about 3 days to a week from the date that they make you an offer for your car. What is reasonable depends on how your case has progressed. If it was obvious your vehicle was a total loss from the day of the crash, and the insurance company has taken a week or two to get someone to inspect your vehicle and make an offer, then you have been on notice of the pending total and should have been on the hunt for a new car.

If you have been lead to believe the vehicle is repairable by the defendant’s adjuster and suddenly they call you out of the blue and tell you it is a total and make you an offer in that call, then it seems reasonable that you should be given a week to find a new car.

“What do they owe me, this was a really great car and now I have to go out and buy a new one!” I get asked this a lot. The answer is the car is worth what the car is worth. If you paid retail for the car, or traded in a car that you owed a lot of money on for this car, and you are “upside down in the car”, the insurance company does not have to pay off all of those loans.

The car is worth what the car is worth.  If you look up NADA for your car with comparable mileage, options and condition, and it lists for $12,800, but you owe $17,000 because you took out title loans or paid retail for the car and its resale is horrible,  you cannot get $17,000.

“They say my car is a total loss but it is drivable and I want to keep it.” In some cases, if you are driving an older model car, that is not worth very much, your car can sustain damage from a relatively minor crash, and still be drivable and pass inspection.  The car may still be deemed a “total loss”.  That simply means that the cost to fix the vehicle will exceed its value. In that case, the insurance company provides you with two figures.

The first is an offer for the car if you want to turn it over to them and get rid of it.  The second offer will be if you want to keep the car, they will provide you with the value of the car, and deduct for the salvage value of the car.  Usually the salvage value is obtained by getting bids from the dealers or car parts for what they would pay for the totaled vehicle as it is.

If you have been injured in a motor vehicle accident that was not your fault and want to discuss your case with a personal injury lawyer, call or text The Thomson Law Firm for a FREE case evaluation today.

An intake specialist is ready to talk with you about the details of your accident, your insurance information and any other questions you may have.  Text or call today (540) 777-4900

More Information

 

  • Injured In An Uber or Lyft Accident?
  • Injured In A Car Accident In The Roanoke Area?
  • What Should I Do Right After An Auto Accident
  • Should I Hire An Attorney If I Was In A Car Accident?
  • How Long After A Car Accident Can You Collect On The Accident Claim?
  • I Was Hurt In A Car Accident That Was Not My Fault – When Should I Call An Attorney
  • I Can’t Work Because Of Injuries From A Car Accident – What Should I do?
  • The Insurance Company Offered Me A Check For My Injuries After My Auto Accident – How Do I Know If It’s The Right Amount?
  • How Do Auto Insurance Companies Decide How Much To Pay For A Claim From A Wreck?
  • Do You Need a Roanoke Car Accident Lawyer for Your Whiplash Injury?
  • What Is Contributory Negligence? How Does This Affect My Car Accident Case In Virginia?

 

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  • Home
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    • Personal Injury
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      • Dog Attacks & Bites
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Defective Product

Defective and Dangerous Retractable Dog Leash Causes Catastrophic Eye Injury.
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Premises liability

Delivery driver struck on head by overhead door, died of unrelated causes.

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Premises liability

Delivery driver struck on head by overhead door, died of unrelated causes.

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Premises Liability

Child injured when he fell down an elevator shaft.

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Product Liability

Plaintiff sustained eye injury when retractable dog leash failed.

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Pedestrian Accident

Pedestrian struck by bus, sustaining traumatic brain injury.

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Product Liability

Infant killed by entrapment in baby crib side rail.

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Wrongful Death

Assisted living resident wandered from facility and killed by train.

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Product Liability

Child injured by flammable glue contained in tire repair patch kit.

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Infant Abuse

Child sexually abused by daycare employee.

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Product Liability

Plaintiff sustained eye injury by inadvertent airbag deployment.

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Product Liability

Plaintiff injured when brakes failed on tractor.

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Product Liability

Plaintiff injured when brakes failed on tractor.

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Premises Liability

Plaintiff sustained traumatic brain injury when struck by falling tree.

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Car Accident

Plaintiff struck by drunk driver. $100,000 settlement (policy limits).*

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Car Accident

Plaintiff run off road by unknown driver. $100,000 settlement (policy limits).*

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Ski Accident

Skier struck by out of control snow boarder. $126,000 settlement.*

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Premises Liability

Negligence of Property Owner Results in Severely Injured Plaintiffs – $189,225 settlement….
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Auto Accident

Plaintiff rear ended and suffered soft tissue injuries.$200,000 settlement.*

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Auto Accident

Client Receives $200,000 Settlement in Rear-ender Auto Case….
read more about it here

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Toll Booth accident

Toll booth attendant sustained loss of 1.5 fingers when struck by passing motorist. $245,000 settlement.*

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Car Accident

Driver suffered broken jaw and broken arm. Settlement of $250,000.*

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Family Recovers

Family recovers $350,000 for inmate who died in custody. Read more about it here.

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Hip Injury

Hip Injury
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Tractor Trailer Accident

Plaintiff rear ended defendant. Plaintiff claimed defendant intentionally caused accident. $800,000 verdict.*

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Car Accident

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Car Accident

Deputy received leg and ankle injuries in automobile collision. $850,000 settlement.*

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Auto Accident

Sheriff’s Deputy Recovers $850,000 for Automobile Accident….
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Brain Injury

Brain Injured SW Virginia Woman Receives $1,000,000 Settlement in Automobile Accident Claim….
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Car Accident

Driver suffered mild traumatic brain injury. $1,000,000 settlement (policy limits).*

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Soccer Goal Tip-Over

Soccer Goal Tip-Over
Read more details about this lawsuit at Virginia Lawyers Weekly

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Wrongful Death

Child killed when portable soccer goal tipped over. Settlement of $1,005,000…
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Sexual Abuse of a Minor

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$1.3 million dollar recovery for client who lost eyesight in his left eye, resulting from an injury due to a defective retractable dog leash.

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Family Recovers $1,400,000 for Medical Negligence Resulting in the Death of Long Haul Truck Driver….
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Traumatic Brain Injury

Car Accident
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Truck Accident

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Defective Bicycle Patch Kit Catastrophically Injures Child – $2,100,000 settlement….
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State Trooper struck by tractor trailer, sustaining traumatic brain injury. $2,500,000 settlement.*

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I-81 Truck Accident

We recovered $2,500,000 for the family of a woman killed in an I-81 Truck Accident.

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Struck By Truck

Paul Thomson Obtains $21 Million Recovery for Catastrophically Injured Client.The client a German citizen, was catastrophically injured and confined to a bed and wheelchair for the rest of his life as a result of being struck by a bread truck while riding his bicycle in Pulaski County in October 2011. In December 2011, Paul’s client returned home to Germany and is now living in a medical facility that provides assistance to him for all aspects of his daily needs. Unfortunately, his client also lost his ability to communicate. Paul and the attorney who brought him in to assist on the case, are proud to announce that they settled the case for $21 million in July of this year. This money will be used to provide additional physical, occupational and speech therapies that the client needs, but is unable to pay for. This will also provide his family with a specialty van and wheelchair for the client, as well as providing additional medical care and testing that he needs, but could not pay for. This is believed to be one of the largest personal injury settlements ever in Virginia. View The Roanoke Times Article Here>>

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