• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

My Insurance Case

24/7 FREE CONSULTATIONS (866) 970-0977

  • About
  • Attorneys
  • Practice Areas
    • Property Damage Claims
    • Life Insurance
    • Disability and Health Claims
    • Louisiana Commercial Insurance Lawyers
    • Insurance Claim Denied
    • Personal Injury
    • Misrepresentations by an Insurance Adjuster or Agent
    • Bad Faith Insurance
  • Hurricane Ida
    • Hurricane Ida Relief Page
    • Tips For Filing Your Insurance Claim
    • Hurricane Ida Damage Lawyers
    • Hiring A Contractor Tips
    • Hurricane Laura Results
  • Locations
    • Louisiana
      • Insurance Bad Faith
      • Louisiana Wind Damage Insurance Claims
      • Fire Damage Claims
    • Florida
      • Long Term Disability
      • Fire Insurance Claims Lawyer
    • Texas
    • Mississippi
    • Connecticut
  • Case Results
  • Library
    • Property Damage
    • Life Insurance
  • Contact
  • About
  • Attorneys
  • Practice Areas
    • Property Damage Claims
    • Life Insurance
    • Disability and Health Claims
    • Louisiana Commercial Insurance Lawyers
    • Insurance Claim Denied
    • Personal Injury
    • Misrepresentations by an Insurance Adjuster or Agent
    • Bad Faith Insurance
  • Hurricane Ida
    • Hurricane Ida Relief Page
    • Tips For Filing Your Insurance Claim
    • Hurricane Ida Damage Lawyers
    • Hiring A Contractor Tips
    • Hurricane Laura Results
  • Locations
    • Louisiana
      • Insurance Bad Faith
      • Louisiana Wind Damage Insurance Claims
      • Fire Damage Claims
    • Florida
      • Long Term Disability
      • Fire Insurance Claims Lawyer
    • Texas
    • Mississippi
    • Connecticut
  • Case Results
  • Library
    • Property Damage
    • Life Insurance
  • Contact
Call
Contact
Blog

Our Blog

My Car Got Totaled In New Orleans and I’m Not at Fault – Do I Have a Case?

08 Aug 2021 By Myinsurancecase Staff | Reading Time: 3 minutes

If you’ve been in a car accident and you are not at fault, you can expect some vehicle damage, whether big or small. Unfortunately, in some circumstances, your vehicle may suffer extreme damage and be rendered a “total loss.” If this is your situation, you may have legal options. It is crucial to understand total loss and what it means for you.

WHAT IS A TOTAL LOSS VEHICLE?

After a car accident, your vehicle will suffer damage. However, the total loss of a vehicle is the most severe kind of damage. RS 37:702 from the Louisiana statute explains that a “total loss” is a motor vehicle “which has sustained damage equivalent to 75% or more of the market value as determined by the most current National Automobile Dealers Association handbook.” If a vehicle has sustained less damage and is repairable, it is not considered a total loss.

WHAT IF MY CAR IS TOTALED AND I HAVE ONLY LIABILITY INSURANCE?

In Louisiana, all drivers must have liability car insurance. This insurance serves to pay others if you cause injuries or damage to another’s property in a car accident. The minimum coverage amounts include:

  • $15,000 for bodily injury to one person;
  • $30,000 for bodily injury to multiple people during one accident;
  • $25,000 for property damage in one accident.

This insurance will not cover damage to your vehicle if you were at fault for an accident. You need collision coverage for that.

However, if you are in a car accident and it was the other driver’s fault, you can file a claim with their insurance company. The at-fault driver’s insurance company will pay you for your property damage, including your totaled vehicle. 

Along with your liability car insurance, it is also wise to have uninsured/underinsured motorist insurance. If the other driver happens to be underinsured, their insurance will pay first, but once that runs out, you can file a claim with your uninsured motorist coverage. You can also make a claim with your uninsured motorist insurance if the other driver is uninsured altogether.

CAN I SUE FOR MY CAR BEING TOTALED?

If your vehicle is totaled in a car wreck, the most the insurance will pay is the vehicle’s fair market value on the day of the accident. If your car is financed, this compensation may do no more than pay off your vehicle, leaving you with no funds to get a new one.

An issue may arise when the at-fault driver’s insurance company incorrectly calculates the value of your vehicle. If this occurs, you may reject the insurance company’s offer and provide your reasoning. However, do not expect the insurance company to change their offer. In a situation like this, you might be able to sue the insurance company for its low valuation. Consult with a qualified car accident attorney.

CONTACT AN ATTORNEY

If you have been in a car wreck and your vehicle was totaled, consult with an experienced car accident attorney. They will be able to answer all your questions and help you get the compensation you deserve for your vehicle.

The MIC Law Firm collectively has decades of experience handling a variety of civil litigation matters. We are passionate about offering every client a personalized experience, and we are dedicated to providing the highest quality legal representation. We offer no-obligation case evaluations to get to know you and your case. Contact us today, and let’s see how we can help you.

Written by Myinsurancecase Staff · Categorized: News Information

Site Logo
We represent clients in a wide array of civil litigation matters including personal injury, maritime, insurance, and estate cases. Our attorneys collectively represented insurance companies for decades, handling maritime, trucking, property damage, and personal injury cases.

Primary Sidebar

Take The First Step
Towards Financial Recovery.

Contact myinsurancecase.com Staff Today.
Name(Required)

Areas of Practice

  • Property Damage Claims
  • Life Insurance Claims
  • Disability Insurance
  • Commercial Insurance
  • Insurance Bad Faith
  • Catastrophic Personal Injury

My Insurance Case Library

Resources and Relief For Victims of Hurricane Ida

31 Aug 2021

Settling Insurance Claims After a Hurricane

30 Jan 2022

Getting Results for Mississippi Policyholders: Half-Million Dollar Settlement

16 Jan 2022

Steps to Take if Your Home Insurance Adjuster Offer is Too Low

21 Dec 2021

View the Blog Library

Take The First Step
Towards Financial Recovery.

Contact myinsurancecase.com Staff Today.
Name(Required)

Footer

24/7 Free Consultations (866) 970-0977
  • Houston

    1001 Texas Avenue, Suite 580
    Houston, TX 77002

  • Louisiana

    900 Camp Street, Third Floor
    New Orleans, LA 70130

  • Florida

    401 E Las Olas Blvd., Suite 1400,
    Fort Lauderdale, FL 33301

Follow Us :

  • Facebook
  • Linkedin

© 2023 Johns Law Firm, PLLC
dba My Insurance Case All Rights Reserved