Someone Hit Me and Totaled My Car! What Do I Do Now?

It’s a driver’s worst nightmare: you’re in a car accident caused by someone else, and your car is totaled. The shock, stress, and confusion can be overwhelming. What do you do now? How will you get compensated for your losses? Don’t worry; we’re here to guide you through the process step by step.

Prioritize Your Safety and Health

Before anything else, make sure you and your passengers are safe. If possible, move to a secure location away from traffic. Check everyone for injuries, and call 911 if anyone needs medical attention. Even if you feel fine, it’s essential to get checked out by a doctor as soon as possible after the accident.

Some injuries, like whiplash or concussions, may not be immediately apparent. Adrenaline can mask pain, and the full extent of your injuries may not be clear until hours or even days later. Delaying medical treatment can not only jeopardize your health but also damage your potential legal claim.

Call the Police and Insist on an Accident Report

Even if the accident seems minor, always call the police and file an official accident report. This report provides critical documentation for insurance claims and any legal proceedings. The police will gather information about the accident, interview witnesses, and document any traffic violations.

If the police don’t come to the scene, you can file a report at the nearest police station. In New York, you’re required to file a Report of Motor Vehicle Accident with the DMV if the damage exceeds $1,000.

Make sure to get the name and badge number of the responding officer and ask how you can obtain a copy of the accident report. You’ll typically need to provide this report to your insurance company and attorney.

Document Everything at the Scene

While waiting for the police to arrive, start gathering evidence. Take photos of:

• The damage to your vehicle and the other driver’s vehicle
• Any visible injuries you or your passengers sustained
• The overall accident scene, including road conditions and weather
• Traffic signs or signals relevant to the accident

If there were witnesses, ask for their names and contact information. Their statements could provide valuable support for your claim.

Collect the Other Driver’s Information

Exchange information with the other driver, including:

• Full name and contact information
• Driver’s license number
• Vehicle make, model, and license plate number
• Insurance company and policy number

Be cooperative, but avoid admitting fault or apologizing. Stick to the facts about what happened. Anything you say could potentially be used against you later.

If the other driver is uncooperative or uninsured, call the police immediately. Do not attempt to negotiate with an aggressive driver on your own.

Report the Accident to Your Insurance Company

Notify your insurance company about the accident as soon as possible. Most policies require prompt reporting, and delaying could jeopardize your coverage.

When you call, have the following information ready:

• The date and location of the accident
• The names and insurance information of all parties involved
• A description of the damage to your vehicle
• The police report number, if available

Your insurance company will assign a claims adjuster to your case. They’ll investigate the accident, assess the damages, and determine the value of your claim. Be honest when answering their questions, but remember, their job is to minimize payouts.

Know Your Rights When Dealing with Insurance Adjusters

Insurance adjusters, even from your own company, are not on your side. They’re trained to protect their company’s bottom line, which often means offering low settlements or finding ways to deny claims.

If an adjuster asks for a recorded statement, consult with a personal injury lawyer first. Anything you say could be used to minimize your claim. The same goes for signing any documents or accepting any settlements. Once you accept a settlement, you typically can’t go back and ask for more money later, even if your damages exceed the amount.

Understand Your Options After a Total Loss

If your car is declared a “total loss,” it means the cost to repair it would exceed a certain percentage of its fair market value. In New York, a vehicle is considered a total loss if the damage equals 75% or more of its pre-accident value.

In this situation, you have a few options:

1. Accept a cash settlement from the insurance company for the fair market value of your car, minus your deductible.
2. Retain the salvage (your damaged vehicle) and repair it on your own, in addition to receiving a cash settlement.
3. Dispute the insurance company’s valuation and negotiate for a higher settlement.

You may also be entitled to a diminished value claim. This compensates you for the decreased value of your car due to the accident history, even after repairs.

Navigating a total loss claim can be complex, especially if you disagree with the insurance company’s valuation. That’s where having an experienced attorney can make a significant difference.

Consider Hiring a Car Accident Attorney

After a serious accident, you’re not just dealing with property damage. You may face medical bills, lost wages from time off work, and immense pain and suffering. The right attorney can help you understand your rights and fight for the full compensation you deserve.

Look for an attorney with a proven track record in car accident cases, particularly those involving total losses. Ask about their experience dealing with insurance companies and their approach to client communication.

At Held, Held & Held, we have extensive experience handling complex car accident cases in New York. We know the tactics insurance companies use to minimize payouts, and we’re prepared to stand up for your rights.

Get Help from Trusted Total Loss Accident Attorneys

A total loss accident can be overwhelming, but you don’t have to face it alone. Take care of yourself first, but then take action to protect your legal rights. Gather evidence, report the accident, and be cautious when dealing with insurance companies.

Most importantly, consider seeking legal guidance from a knowledgeable car accident attorney. At Held, Held & Held, we offer free consultations to help you understand your options. Contact us today and let us fight for the compensation you deserve. We’re here to help you move forward.