In Virginia, if the at fault party has liability insurance, you or your attorney, will need to contact that insurance carrier and provide them with the location of the vehicle. You need to remove all personal items from the vehicle, including the license plates. The insurance company is going to want to get your car removed from the storage lot as soon as possible as the storage costs on these tow lots are very, very expensive.
If you don’t hear from the at fault’s insurance company very quickly or if they put you on notice there is a problem with their insured’s coverage, then you need to consider having your auto insurance pay the claim under your collision coverage so you don’t get stuck with a month or two of tow lot storage costs which can be anywhere from $20-$100 a day or more!
“How long do I get to keep the rental vehicle, to shop for a new car?” There is no hard and fast rule. I would expect about 3 days to a week from the date that they make you an offer for your car. What is reasonable depends on how your case has progressed. If it was obvious your vehicle was a total loss from the day of the crash, and the insurance company has taken a week or two to get someone to inspect your vehicle and make an offer, then you have been on notice of the pending total and should have been on the hunt for a new car.
If you have been lead to believe the vehicle is repairable by the defendant’s adjuster and suddenly they call you out of the blue and tell you it is a total and make you an offer in that call, then it seems reasonable that you should be given a week to find a new car.
“What do they owe me, this was a really great car and now I have to go out and buy a new one!” I get asked this a lot. The answer is the car is worth what the car is worth. If you paid retail for the car, or traded in a car that you owed a lot of money on for this car, and you are “upside down in the car”, the insurance company does not have to pay off all of those loans.
The car is worth what the car is worth. If you look up NADA for your car with comparable mileage, options and condition, and it lists for $12,800, but you owe $17,000 because you took out title loans or paid retail for the car and its resale is horrible, you cannot get $17,000.
“They say my car is a total loss but it is drivable and I want to keep it.” In some cases, if you are driving an older model car, that is not worth very much, your car can sustain damage from a relatively minor crash, and still be drivable and pass inspection. The car may still be deemed a “total loss”. That simply means that the cost to fix the vehicle will exceed its value. In that case, the insurance company provides you with two figures.
The first is an offer for the car if you want to turn it over to them and get rid of it. The second offer will be if you want to keep the car, they will provide you with the value of the car, and deduct for the salvage value of the car. Usually the salvage value is obtained by getting bids from the dealers or car parts for what they would pay for the totaled vehicle as it is.
If you have been injured in a motor vehicle accident that was not your fault and want to discuss your case with a personal injury lawyer, call or text The Thomson Law Firm for a FREE case evaluation today.
An intake specialist is ready to talk with you about the details of your accident, your insurance information and any other questions you may have. Text or call today (540) 777-4900
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