A Total Loss Lawsuit

12 May 2023
 Categories: Law, Blog


If you were involved in a car accident and an insurance adjuster determined that your vehicle is a total loss, the insurance company who you have a policy with is required to reimburse you for your loss. If you do not think that you were paid a fair amount, you may need to consult with an attorney. 

The Report

An insurance adjuster must inspect a vehicle thoroughly to determine if it is a total loss. Once this inspection is complete, they prepare a report of their findings. You may have a copy of the report on hand.

This report is what you will need to submit when you consult with a total loss attorney. A total loss attorney handles legal claims that are directly tied to the insufficient payout from an insurance company.

The Calculations

There are some fees that an insurance company may not have paid to you that you should have received. For instance, if your report specifies the fair market value of your car, but does not indicate a monetary amount for sales tax, registration fees, and other miscellaneous charges, the attorney who you consult with will determine how much money you are owed.

They will perform a complete analysis of all of the charges you incurred before the car accident. The attorney will examine your automotive insurance policy too. The attorney will need to review the type of automotive coverage that you have.

The Preliminary Steps

The attorney who you hire may reach out to your insurance provider first. They may send them a detailed analysis of their findings. The insurance company will have the opportunity to respond.

If they review the analysis and determine that you were underpaid, you will be reimbursed the amount that you are owed. The amount of money that you are issued may be sent directly to your attorney. Your attorney will issue the payment to you when they receive it.

The Lawsuit

If the insurance company denies you the right to receive the money that you are owed, your attorney will need to file a lawsuit. Your insurance company will receive notice of this measure.

The attorney who represents the insurance company may confer with your attorney. If the legal matter is not resolved, your attorney may need to schedule a court hearing. A hearing is only necessary if your attorney and the insurance company's attorney cannot come to a formal agreement. A judge will determine if you are owed any money.