When Is a Car Considered Totaled?

When you are involved in a car accident, aside from personal injuries, there are property damages to consider as well, like your vehicle. Insurance companies use several factors to determine when to total a car or when to repair it. It is essential to understand these factors to know what to expect when determining when a car is considered totaled and attempting to get your vehicle repaired or replaced.

Is a car considered totaled when airbags deploy?

Airbags are safety features in vehicles designed to help reduce and prevent serious personal injuries, such as those caused by reckless driving accidents. Some people mistakenly assume a car is considered totaled when the airbags deploy; however, the vehicle is not always considered totaled. It depends on the situation and how much other damage there may be.

What is the definition of a totaled vehicle in Nevada?

According to Nevada Revised statutes 487.790, the definition of a totaled vehicle is one that has been damaged, wrecked, or destroyed where the repair costs would be at least 65% or more of the fair market value of the car. However, for vehicles that are ten years or older, this does not apply based on the damages to the vehicle. It is quite possible an older vehicle would still be repaired even if the repair costs were 65% or more.

Total loss insurance definition

Total loss is defined as when the costs to repair your vehicle are 65% or more of the fair market value of the vehicle or when the vehicle is beyond the point of repair. Insurance adjusters first look to determine if the vehicle is salvageable and could be repaired. If it can, then the next step is to decide what the repair costs would be and if these would be less than 65%.

How much damage to a car before it is totaled?

Certain vehicle damages, such as a broken windshield, bumpers, trunk lid, or hood, are much easier to repair. However, other damages could require more complex repairs or be more costly. So, it really comes down to the repair costs for each part of the vehicle that needs repairing. Another factor is whether the car can be repaired. Some damages simply cannot be fixed, so the vehicle would be considered totaled. 

Who determines if my vehicle is totaled?

Nevada is an at-fault state, meaning the at-fault party’s insurance company decides whether to total the vehicle or repair it. For example, another driver hits you and is found to be entirely at fault for the accident. Their insurance company and insurance adjuster would inspect your vehicle, evaluate repair costs, and make the determination. 

On the other hand, if you were at fault, you would work with your insurance company and adjuster, provided you had full coverage insurance. If you only had the minimum coverage required by the state, you would not get anything for your vehicle, and all repair costs would come out of your pocket. 

To ensure your vehicle is protected, you need to have collision and comprehensive coverage. It is also beneficial to have uninsured and underinsured coverage. 

Can I keep a totaled car?

Nevada laws do allow you to keep a totaled car. Yet, you will not get the full fair market value for it. Various calculations are used to determine how much you will get for your settlement for the vehicle. Insurance companies will usually deduct your deductible and the salvage value of the car from the fair market value. Once they do that, you will get the remaining amount as your settlement. 

Why do people want to keep a totaled car?

Most people who keep a totaled vehicle do so because they intend to repair it. However, you are responsible for all repair costs. After the repairs are made, you are required to get it inspected and certified before you can drive it again. 

What is an example of a total loss?

Let’s assume your car’s fair market value is $15,000. The costs to repair it amount to $10,000. Since that exceeds 65% under Nevada laws, your vehicle would be considered a total loss. 

How is car value determined after an accident?

The value of a car is based on its actual cash value (ACV), which means the current value, not what you initially paid for the car. ACV is calculated using the original value of the car minus depreciation. It is basically the current sales price of the vehicle, similar to the values you would find if you wanted to sell your car yourself, not the trade-in value. 

How can an auto accident lawyer help?

An auto accident lawyer can help when you are having issues dealing with the insurance company and getting a fair settlement regardless of whether your vehicle is a total loss or not. In addition, they can assess your situation to determine whether you are entitled to any personal injury damages from the responsible party. 

Even if your injuries were minor, you could be entitled to compensation for any out-of-pocket medical bills, lost wages, and other losses you may not have considered. So, getting a free consultation with a qualified car accident lawyer is worth the time.

Get free legal advice after a car accident in Las Vegas today

Ensure you receive a fair settlement from the insurance company for your vehicle and personal injuries by speaking to our personal injury lawyer in Las Vegas today. At Adam S. Kutner, Injury Attorneys, we offer a free case evaluation and consultation. Even if you do not have a case, we are happy to provide you with expert legal advice on how to proceed with your insurance claim.