In some circumstances, a car may be damaged beyond repair after a car accident. When a car is totaled, it becomes a total loss.
It can be confusing to know what to do if you find yourself with a completely unusable vehicle.
If your accident happened in New Jersey and you are trying to get the other party’s insurance to pay for a replacement car, you need to understand the state’s modified comparative negligence rule. Under this, two parties can share the blame for a car accident. For instance, you may be deemed by a court to be 20 percent at fault and the other driver 80 percent at fault. This means any damages the other party owes to you will be reduced by your percentage of fault. You must be 50 percent or less responsible for your accident in order to be eligible to collect damages.
If your car has been totaled, it is important to get the process started quickly. The first step is typically to file an insurance claim, either with your own insurance provider (if you have appropriate coverages) or the at-fault party’s insurance provider. You may be given the car’s total cash value if your car is deemed a total loss.
You can take measures to improve your chances of getting a fair settlement for your totaled car:
- Keep all receipts: You need to document every purchase you make because of your totaled car. Ideally, you want to receive compensation for all out-of-pocket expenses related to your car.
- Be wary of holding onto your damaged car: Although you should take photos and videos of your totaled car, you may not want to keep it. If you decide to hang onto it, the damages you recover may be reduced by how much the car’s salvageable parts are worth. If you sell any parts, you must reveal how much you made.
- File a claim with your insurer: You may be entitled to recover damages under your own insurance policy. This could mean upfront cash that you can use toward the payment of a replacement vehicle.
Egg Harbor Township Car Accident Lawyers at the D’Amato Law Firm Help Accident Survivors
Did your car get totaled in a New Jersey crash? Speak with one of our Egg Harbor Township car accident lawyers at the D’Amato Law Firm for legal help. Contact us at 609-926-3300 or complete our online form to schedule a free consultation. Located in Egg Harbor Township, New Jersey, we serve clients in South Jersey, including Atlantic City, Linwood, Galloway Township, Cape May, Vineland, Millville, Bridgeton, Ocean City, and Woodbury.