Can you sue if someone totals your car?
Asked by: Wilford Bosco | Last update: January 6, 2026Score: 4.5/5 (60 votes)
How much can I sue someone for totaling my car?
There is no specific limit to how much compensation a plaintiff can seek in a car accident lawsuit. Car accident victims can sue the responsible parties for the full extent of their legal damages, which can range anywhere from a few thousand dollars to over $1,000,000.
What happens if a friend totals your car?
Owner's insurance first, driver's insurance second, then each the driver and owner are jointly responsible for any excess. The practical application is that the claimant (whether the damaged party or their insurance) can then take the remainder from whatever assets either or both parties have.
What is the Oregon law on car accidents?
Oregon is what is called a “modified comparative negligence” state. This means that you can recover damages in a car accident, but only according to your level of negligence. If your negligence is greater than that of the other parties, however, you will be barred from recovering compensation.
What are the rules for total loss in Arizona?
A.R.S. §28-2091(T)(4). 28-2091 details the rules regarding total loss in Arizona. According to our state, insurance agents can consider a vehicle a total loss if the actual cash value of the vehicle is less than or equal to the costs to repair the car plus the salvage value.
What Happens When the Insurance Company Totals Your Car?
Can you fight a total loss claim?
Once you have strong evidence to challenge the insurance company's assessment, you can initiate negotiations with the insurer to change its mind on the total loss declaration or increase the settlement offer.
Who gets the insurance check when a car is totaled?
If you own the car without any loans or liens, you will receive a check for the value assessed by the insurance company. If there is a loan, the check usually goes first to the leasing company or the lender. If you owe money on the vehicle, you should notify the lending company that your car has been totaled.
Is Oregon a no-fault accident state?
Oregon is not a “no fault” state. Oregon follows a “fault” based system. In Oregon, the person who was “at fault” for causing the accident is responsible for any damages or harm resulting from the accident. This would include injuries, damage to vehicles, lost income, etc.
Can I sue someone for crashing my car?
California Civil Code 1714 outlines that a party at fault for a car accident can be held responsible for damages and, therefore, establishes an injured person's right to seek compensation.
What happens if someone else is driving my car and gets in an accident in Oregon?
Auto insurance coverage follows the vehicle, so your car will generally be covered while your relative is driving, the same as if you were driving.
What happens if someone borrows your car and totals it?
Vehicle Owners Are Liable Under California Law
This law holds a vehicle's owner responsible for collisions caused by the driver of the vehicle – even if the driver is not the owner. Liability is determined by identifying the actual owner of the vehicle.
How do you argue the value of a totaled car?
- Ask for the Valuation Report.
- Research the Comparables on the Valuation Report.
- Dispute Any Condition Adjustments on the Comparables.
- Send Your Own Comparables to the Adjuster.
- Consider Hiring an Appraiser.
Can I cancel an insurance claim if my car is totaled?
First, canceling the coverage on this vehicle will not cancel the claim. As long as the policy was active at the time of the accident (which it sounds like it was), you should be fine. Second, if your car is totaled, you can cancel your insurance if you are not getting another car in the near future.
What happens if someone sues you for more than your insurance covers?
You may face a lawsuit for the uncovered amount when damages exceed your policy limits. The injured party could attempt to seize your personal assets, which may include: Savings accounts. Wages (via wage garnishment)
Do you have to accept insurance offer on a totaled car?
Do you have to accept an insurance offer on a totaled car? No, you do not have to accept the insurance company's first offer on a totaled car. You can negotiate the offer if you believe it does not reflect the actual cash value of your car.
What kind of lawyer do I need to sue a body shop?
Now, you need to find a lawyer specialized in civil litigation. It is highly recommended that you sent a demand letter before initiate a court action. Furthermore, how about you tell the body shop you are considering retaining an attorney to sue them because they are lying to you regarding the parts for your vehicle?
How long after a car accident can you sue?
In California, the personal injury statutes of limitations are as follows: You have two years from the date of the injury to file a lawsuit. If you did not know that you were hurt right away, you have one year from the time that you discovered the injury.
Can I sue my ex for wrecking my car?
Yes, you can sue someone for property damage after a car accident even if you haven't suffered any injuries. In some cases, auto accidents can lead to sizable property damage, resulting in overwhelming expenses.
What happens if you don't report an accident in Oregon?
If you do not file a report when required, Oregon law requires DMV to suspend your driving privileges for five years or until you file a report, whichever is sooner. (ORS 809.417(1)).
Is Oregon on a fault?
The Cascadia Fault marks the edge of Oregon's active subduction zone.
What is pip insurance in Oregon?
Personal injury protection (PIP) is a mandatory form of auto insurance coverage for all drivers in Oregon except motorcyclists. Each PIP insurance policy must provide at least $15,000 of coverage per person injured in an accident, which can be used to pay for medical expenses, lost wages and other related costs.
Can you ask for more money when your car is totaled?
In some cases, you may get more insurance money for a totaled car than for repairs. In addition, it is possible to negotiate a higher settlement by providing evidence that your car was worth more than the insurance company's initial valuation.
How much do you get if your car is totaled?
Following a crash, if the salvage value of the vehicle is $6,000 and repair costs amount to $10,000, your car is 'totaled'—the $16,000 for salvage and repairs exceeds its market value. In such cases, the insurance company will pay you its full market value, after subtracting any applicable deductibles.
Will insurance fix a totaled car?
When a vehicle is totaled, it means the insurance company believes it isn't worth repairing. The insurer may replace your totaled car with an equivalent one or offer you a cash payment equal to your car's value. If you believe the insurer's offer is too low, you can challenge it.