Posted on Friday, April 7th, 2017 at 6:06 am    

When you are in a car accident, you can sustain several types of damages. In all cases, there will be some level of property damage to your vehicle from the collision. The level of damage can depend on several factors including the speed at impact, the type of vehicles involved, and the type of crash (i.e. rear-end, side impact, head-on, etc.).

For crashes that result in serious injuries, the victims may not be as concerned with repairing or replacing their vehicle because they are focused on their physical injuries. However, at some point, all victims need to have their vehicles repaired or replaced. The concern is making sure the vehicle is returned to its condition before the accident. Some people prefer their vehicle is totaled because they believe once a vehicle is repaired it is never the same. However, that decision is not up to the accident victim.

Totaled vs. Repaired

If the insurance company for the other driver accepts responsibility, it will direct you to take your vehicle to a certain place for a repair estimate. The insurance company sends someone to the vehicle’s location to provide an estimate if the vehicle cannot be driven. The adjuster estimates the cost to repair the damage to your vehicle and compares this amount to the value of your vehicle to decide if the vehicle should be totaled.

There is not a magical calculation that the law prescribes for insurance companies to decide I f a car is totaled. Each insurance company has its own internal guidelines for its adjusters.

However, the accepted model is to set a percentage for deciding if the vehicle is totaled. The estimated cost of repairs is compared to the fair market value of the vehicle. If the cost of repair exceeds the value of the vehicle or a percentage set by the insurance company, the company totals the vehicle. If the damages do not exceed a certain amount, the company agrees to pay for repairs.

You can choose a body shop to repair your vehicle. You do not have to choose a shop that the insurance company requires. If your shop finds additional damage, it will contact the insurance company to obtain approval to make the repairs. It is always a good idea to tell the body shop to notify you if additional repairs are being requested so you can make sure those repairs are approved.

What Happens When The Car Is Totaled?

If the insurance company totals your vehicle, it will offer to pay you the fair market value of your vehicle. The vehicle then becomes the property of the insurance company. Unfortunately, the fair market value may not be sufficient to replace your vehicle.

It is important that you ensure you are receiving the full market value of your vehicle before you settle. If you have doubts, consult with a trusted car dealer for an opinion or contact a Sacramento car accident attorney immediately.

Call for a Free Case Evaluation

If the insurance company is treating you unfairly, call for a free consultation with a Sacramento car accident attorney. Call the Tiemann Law Firm at (916) 999-9000 or visit our website.  Our law firm serves clients in SacramentoFolsomRoseville, El Dorado Hills and other communities in the greater Sacramento area.

Client Testimonials

Hanna Padilla Testimonial

From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

Matt H. Testimonial

I was in a car accident a while back where I was injured and had to miss work for an extended period of time.  After nearly a year of fighting with the insurance company with no results and no progress, I met with Jelena Tiemann.  I couldn't have asked for a more responsive and supportive advocate.  We quickly reached a settlement and I finally was able to move from the stress and burden of feuding with my insurance.  I highly recommending meeting with Jelena if you're in need of a lawyer.

Star Fire Testimonial

It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of the hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

Lendzey Garcia

I was in a very bad/ major car accident I originally had an attorney who wasn’t trying to help me out much or take any of my calls so I called Tiemann and told them my situation. They made it an AWESOME and Smooth transition over to them and took on both cases I had. I just settled on my big case and am beyond great full. For them and their team! I highly recommend them. To add on to this a little On how much they will work with you, I moved to Montana in the middle of all Of this and it was not an issue!

Maye Ly Testimonial

I just saw my lawyer Jelena Tiemann on a t.v ad, which reminded me how much she helped when I was in a desperate situation. I just love her! That is why I feel a need to tell everyone. I had a situation that happened & didn’t know what to do, our where to go. I didn’t even know if she could help me or if any lawyer could. All I wanted was it to go away & was afraid most lawyers wanted to drag it out & possibly go to court. For one she was very professional but was very personable (maybe b.c she’s a lady). She didn’t make me feel embarrassed or self-conscious that I did something wrong or was the cause of the situation. She immediately said we should try our best before going to court. Let me handle some paperwork, if at the last we do go to court we have documents. She gave me all the details, pros and cons but reassured me she deals with these cases all the time. She came through and made it as painless as possible. I now have my life back.