All Questions

January 28, 2020 | Gary Burger

Does the Insurance Company Have to Pay for a New Car If My Old One was Totaled?

If your car was totaled in an accident caused by another person's negligence, filing a claim against the other driver can recover many, if not all, of your damages from the accident. But, it can be challenging to know how to file a claim for some categories of damages, such as cars, trucks, motorcycles, etc., and determine the value of your losses from the accident.

In this FAQ, we'll discuss what damages are covered by insurance companies after an accident, how car accident settlements are calculated, and how you can recover compensation for your vehicle if another driver totals it. If your vehicle was totaled in an accident, and you are wondering, "will the insurance company have to pay for a new car?" hopefully this FAQ by our car accident lawyers in St. Louis can offer some support during this difficult time.

For more information about the insurance process after a car accident, or to learn more about Burger Law, call 314-542-2222 or 618-272-2222 our attorneys today for a free consultation. We don't charge any fees for our consultations, and we never ask for any attorney fees unless we win your personal injury claim.

Common Types of Insurance Coverage and What They Cover

Auto liability insurance coverage is different in each state. Most states require drivers to carry liability coverage, of varying limits (Missouri's is $25,000 bodily injury per accident per person, $50,000 bodily injury for all persons, $10,000 property damage liability, $25,000/$50,000 uninsured motorist coverage), but other coverage options aren't mandatory in most states. The different types of insurance coverage that you might run into when filing a claim for your totaled vehicle include:

  • Liability - covers the other driver's injuries and vehicle damage in the accident
  • Comprehensive - pays for unavoidable damage to your vehicle, such as weather-related damage and vandalism
  • Uninsured/Underinsured - if the at-fault driver doesn't have insurance or the amount of their insurance policy doesn't fully cover your damages from the accident, your uninsured/underinsured insurance coverage kicks in and helps cover remaining costs
  • Collision - pays for damage caused in an accident with another vehicle and damage from running into foreign objects, such as fences, light posts, etc.

Depending on state laws, your insurance policy, the at-fault driver's coverage, and damages you suffered in the crash, the cost of your totaled vehicle from an accident could be covered by a combination of liability insurance, uninsured/underinsured coverage, or collision insurance. However, if the insurance company tries to deny your claim, but the other party is 100% responsible for the accident, you could file a lawsuit against the negligent party and sue for damages with help from a car accident lawyer in St. Louis.

How Do I File a Total Vehicle Claim After an Accident?

If your vehicle has been totaled in an accident caused by another person, you need to get treatment for your injuries and call an attorney. The primary things that the insurance company will look at when assessing your claim and deciding to accept or deny it is 1) who caused the crash, 2) the quality of evidence from the accident, 3) proof of your injuries, 4) damage caused to personal property, 5) proof of other damages.

If the insurance company accepts your car accident claim, your car accident lawyer in St. Louis can then negotiate a fair settlement for your case, including compensation for your totaled vehicle. Or, if the insurance company isn't budging, and won't offer a fair settlement for your harm and losses, your attorney might decide that it's a good idea to file a lawsuit against the at-fault party. Bottom line, whatever way your car accident claim is settled, it's essential to have a car accident lawyer in St. Louis by your side offering legal guidance during this challenging time.

Burger Law provides aggressive legal representation to victims in Missouri and Illinois. If your vehicle was totaled because of another person's negligence, and you aren't sure if the insurance company will cover the costs of a new car to replace your totaled vehicle, our car accident lawyers in St. Louis can help. Call 314-542-2222, 618-272-2222, or contact Burger Law today for a no-risk case review. We don't charge any fees for our consultations, and we never ask for attorney fees unless we win compensation for your claim.