Being involved in a car accident is going to bring quite a lot of damages, not only to you but to your vehicle as well. With this in mind, if you are going to be filing a vehicle damage claim after an accident of the kind and the insurance company says that your car is a total loss, what do you do? What will happen if you are not on board with the valuation of the insurer? Does it matter whether you are dealing with your own insurer or the one of the other driver? Let’s find out.
Whose insurer is going to pay for the damages on the vehicle?
This is without a doubt the first and foremost question that you need to get an answer to as the case progresses. Of course, there are quite a few things to be considered here.
The No-Fault Rule
As you may know, the Insurance Act of Ontario sets forth the Rules of Fault Determination. Within them, there is a provision which regulates situations of the kind and it gives clear directions as to who is going to be handling the damages. With this in mind, it’s important to know that this rule is going to allow you to claim damages regardless of the fault in the accident. You can claim them directly from your own insurance provider. Let your lawyer discuss the issues at hand.
How much is my case worth?
Now, this is something particularly important but obviously it needs to be taken individually. Every single case is different and uniting all of them under the same roof is quite impossible and inconsiderate, to say the least. There are different types of injuries that one might sustain and the damage to the vehicle can vary from one case to another. With this in mind, it is very important to ensure that everything is handled as per the highest standards and that you get the necessary representation.
What if my car is totaled?
If your car has been totaled by the insurance, the latter is going to repay you the fair market value of the vehicle. The time of the incident is going to be taken as a standpoint and that’s what’s going to determine the amount that you will receive.
Obviously, there is quite a lot of room for speculation and it is absolutely critical that you take these into serious consideration. With this in mind, a professional personal injury lawyer with the necessary experience in the matter is going to ensure that everything is handled by the lawyers as per the highest legal standards. It is important that you do not try to represent such a complex case on your own. This is something that you really need to account for. Talk with your lawyers today and get an update on your case.
