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Who Determines if my Car is Repaired or Replaced after a California Car Accident?

Damaged side of a blue car after an accident

While most people in a car accident are primarily concerned with the possibility of serious injuries, the vehicles involved in the crash frequently suffer damage as well. Unsure who determines if your car is repaired or replaced after a California car accident?

For the most part, your insurance company will determine if your vehicle is a total loss or not. However, you have the right to challenge their decision and are under no obligation to settle the case based on their first offer. A Los Angeles personal injury attorney from Salamati Law could help you maximize the recovery you receive for your vehicle.

Determining if your car is a total loss

Following a motor vehicle accident, your insurance company will review the extent of your damage. This is done in a multi-part process designed to determine if your vehicle should be repaired or replaced.

First, the insurance company will identify the value of your vehicle. They will begin by starting with the make, model, and the year it was manufactured. The insurance company will also consider its condition prior to the accident. Then, using this information, they will compare your vehicle to the sales value of comparable models to estimate the value. The next step requires the insurance company to determine the extent of the damage to your car. Finally, a body shop or mechanic will evaluate the damage as well and make an estimate the cost of repairs.

Whether or not your vehicle is a total loss will depend on the extent of the damage. If the cost of repairing your vehicle is greater than or near its value, the insurance company will likely “total” the vehicle. They will make an offer based on the cost of replacing the car instead of repairing it.

How an attorney could help

If you are working with a  Los Angeles car accident lawyer, they will help assist with a property damage claim. They might request an independent evaluation to determine if the decision made by the insurance company is reasonable. Negotiation is an essential part of any insurance claim. Your attorney can negotiate with the insurer to increase the value of your property damage claim regardless of if your vehicle is a total loss or not.

Schedule a free consultation with a Los Angeles car accident lawyer

Whether your vehicle was involved in a drunk driving incident or a high-speed accident, your property damage claim could be substantial. Our firm could help you secure the compensation you deserve. If you are concerned about the valuation of your property damage claim, Salamati Law is here to help. Our team can handle every aspect of your accident case from beginning to end. Reach out today for a free consultation.

No Obligation, No Fees Guaranteed, Unless We Win

We are committed to negotiate your case aggressively, strategically and creatively. Personal injury lawsuits are retained on a contingency fee agreement, and plaintiffs will pay no legal fees unless the firm is able to recover damages on your behalf.

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