What Happens When Your Car Is Totaled?
If your car is totaled after an accident, the insurance company will assess the vehicle’s value and declare it a total loss if the repair costs exceed 65% of its market value. The insurer will then offer a settlement based on the car’s actual cash value before the accident, which may not always match your expectations. If you disagree with the valuation, you can negotiate or provide evidence of the car’s worth. Once the settlement is accepted, the insurer typically takes possession of the car, but you may keep it by applying for a salvage title. It’s advisable to consult an attorney if you encounter issues with your claim or need help navigating the process.
Should You File an Insurance Claim or Lawsuit After a Collision in Las Vegas?
Nevada is a fault accident state when it comes to motor vehicle collisions. If a negligent driver causes an accident, the victims have the right to hold him or her accountable for their losses. Typically, Las Vegas car accident victims have three options to pursue compensation after a collision.
- A victim can file an insurance claim against the at-fault party’s policy. All drivers in Nevada are required to carry certain amounts of liability insurance.
- A victim can file a personal injury lawsuit against the at-fault driver in Nevada civil court.
- A victim can file an insurance claim against his or her own coverage, as long as he or she has the appropriate policies.
Many car accident cases begin as insurance claims and reach a settlement during this stage. If the claim is unsuccessful, the plaintiff can choose to escalate his or her claim to a lawsuit. However, there are certain situations where you should file a lawsuit from the beginning. For example, if you have extensive damages that exceed the at-fault driver’s policy limits, you will not be able to collect full compensation in an insurance claim alone. You may want to file a lawsuit so that you can recover the highest award possible. This decision may seem complex, but an attorney can help. Your Las Vegas injury lawyer from the Janda Law Firm can evaluate your case and identify your optimal pathway to maximum compensation.
Damages Available in Las Vegas Car Accident Claims
By filing a Las Vegas car accident claim, you can recover compensation for the economic and non-economic losses that you experienced due to the crash. Economic damages involve financial hardships, such as medical treatment and property repairs. On the other hand, non-economic damages refer to the physical and emotional pain and suffering that you endured.
Examples of damages available to Las Vegas car crash victims include the following:
- All past and future medical expenses related to the collision, such as surgeries, prescription medications, and hospital stays
- Lost wages during your recovery period, as well as a loss of future earnings if your injuries prevent you from going to work
- Property damage that you sustained in the accident, including vehicle repairs and replacements
- Chronic pain, permanent disability, scarring, and other physical impacts of the vehicle accident
- Emotional distress, mental anguish, depression, anxiety, and other forms of psychological suffering
In a car accident lawsuit, you may also be eligible for punitive damages. Unlike compensatory damages, which reimburse you for your losses, punitive damages are meant to punish the at-fault driver. You can collect this compensation if you can prove that your automobile accident was caused by fraud, malice, oppression, or a conscious disregard for your safety.