Experiencing a car accident in Phoenix can be overwhelming, especially if your car is totaled. The question on your mind may be, “Who pays for me to get a different car?” Understanding the insurance process and your legal rights in Arizona can help you navigate this challenging situation.
Understanding What “Totaled” Means
In Arizona, a car is considered “totaled” when the cost to repair it exceeds its actual cash value (ACV). If your car is deemed a total loss after an accident, the insurance company will typically pay you the ACV of your vehicle, minus any deductible. This amount is intended to help you purchase a new car.
Who Pays for a New Car After a Total Loss?
- Your Insurance Company
If you have comprehensive or collision coverage, your insurance company will generally pay for the totaled vehicle, regardless of who was at fault. If the other driver is at fault, your insurance company will likely seek to be repaid from their insurance company. - The Other Driver’s Insurance
If the other driver was at fault for the accident, their liability insurance should cover the cost of your totaled car. Arizona law requires drivers to carry minimum liability insurance, which should cover property damage. - Uninsured/Underinsured Motorist Coverage
In cases where the at-fault driver doesn’t have enough insurance to cover your losses, your uninsured/underinsured motorist coverage can help. This optional coverage ensures that you are not left paying out of pocket for a new car.
How to Get the Most Out of Your Settlement
- Document Everything
After an accident, document the scene, your injuries, and the damage to your car. These records can support your claim and help ensure you receive the full value of your car. - Negotiate the ACV
Insurance companies may initially offer a lower ACV than what your car is worth. Be prepared to negotiate by presenting evidence of your car’s condition, mileage, and comparable vehicles in Phoenix. - Seek Legal Assistance
If you believe the insurance company’s offer is unfair, consult with an experienced personal injury attorney in Phoenix. The Law Offices of Scott Griffiths can help you negotiate a fair settlement or pursue legal action if necessary.
What If the Settlement Isn’t Enough?
If the insurance payout doesn’t cover the cost of a new car, you may need to consider other options. You can negotiate with the insurance company, seek compensation from the at-fault driver, or explore financing options for the remaining amount.
The Law Offices of Scott Griffiths Can Help
Navigating the aftermath of a totaled car in Phoenix can be stressful. At The Law Offices of Scott Griffiths, we understand the complexities of insurance claims and are here to help you get the compensation you deserve. Contact us today at 602-854-9925 for a consultation, and let us help you move forward after a total loss.