Totaled your car in Missouri? Learn how to handle a total loss claim, maximize your settlement, and protect your rights. Call us today for a free consultation!
FREE CASE EVALUATION
Experiencing a total loss of your vehicle after your car has been totaled in a Missouri car accident, correctly handling the total loss claim process is essential to ensure you receive fair compensation. Before speaking with an insurance adjuster, consult a lawyer—insurance companies often try to minimize payouts, and without legal guidance, you could receive far less than you deserve.
1. Speak with a Lawyer Before the Insurance Company
The insurance adjuster is not on your side. Their job is to save the company money by offering the lowest possible settlement. Before discussing your claim with them, contact a car accident attorney who can handle all communication, prevent unfair settlement tactics, and fight for maximum compensation.
2. How Missouri Determines a Total Loss
Missouri law considers a vehicle a total loss if the cost to repair it exceeds 80% of its fair market value—but this only applies to vehicles six years old or newer. If your car is older than six years, the insurance company may use a different formula that could undervalue your claim. An attorney can ensure the valuation process is fair and challenge low offers.
3. Understanding the Insurance Company’s Payout Offer
The insurance company will determine your vehicle’s Actual Cash Value (ACV), but their valuation may not reflect your car’s true market worth. Before accepting any settlement, an attorney can help verify whether the insurer offers a fair amount and negotiate a higher payout if necessary.
4. Handling Disputes Over Your Vehicle’s Value
If you believe your vehicle is worth more than what the insurance company offers, you have the right to challenge their valuation. This requires gathering evidence such as maintenance records, vehicle upgrades, and independent appraisals—something an attorney can assist with to ensure you receive the compensation you deserve.
5. Understanding Your Options: Keeping or Releasing the Vehicle
- If you accept the total loss settlement, the insurance company will generally take ownership of your vehicle.
- If you choose to keep your totaled car, the salvage value will reduce your settlement, and you will need to apply for a salvage or rebuilt title.
An attorney can explain your legal options and help you make the best financial decision.
6. Don’t Sign Anything Without Legal Advice
Once you accept an insurance settlement, you waive your right to seek additional compensation. If the insurance company is pressuring you to sign paperwork or settle quickly, do not agree to anything until a lawyer reviews your claim.
7. Protect Yourself—Consult a Lawyer First
Total loss claims can be complicated, and insurance companies look for ways to pay you less. If you’re facing a total loss situation, speaking with an attorney before the insurance company is the best way to protect yourself. At The Hoffmann Law Firm, L.L.C., we fight for Missouri accident victims to ensure they receive the maximum settlement possible.
