Total Vehicle Loss in Georgia
According to the Georgia Department of Transportation, there were more than 330,000 car accidents in the state of Georgia in 2020.
If you are involved in a car accident that results in serious damage to your vehicle, you may have to file for a vehicle total loss settlement if your car is declared a total loss. In the state of Georgia, there is no statute for defining what is considered a total loss, so it is largely up to the insurance companies involved to decide how to determine if your vehicle is a total loss.
Insurance companies in Georgia may use different methods to determine whether your vehicle is considered a total loss. Some insurance companies may decide to declare your vehicle a total loss if the cost of repairs matches or exceeds the actual pre-accident cash value of your vehicle. Other insurance providers may use a total loss formula (TLF) and declare your car a total loss if the cost of repairs exceeds a certain percentage of its actual cash value. Because there is not a statute that defines how to determine a total loss, this is decided by insurance companies in Georgia.
At Anderson + Wanca, we can assist those filing for a vehicle total loss settlement in the state of Georgia. Insurance companies are responsible for determining the cash value of your vehicle as well as the cost of repairs and applicable taxes and fees. Our attorneys will make sure that you are getting a fair settlement for your total loss vehicle which is especially important in a state with no defining statute.
Total Loss Vehicle Settlements in Georgia
When a traffic accident occurs in Georgia, the drivers involved must file a claim with their insurance companies. The insurance providers will then determine the actual pre-crash cash value of the vehicles as well as the estimated cost of repairs. As mentioned above, insurance companies can use their own method to determine if your vehicle is a total loss since there is no statute defining a total loss.
If your vehicle is declared a total loss, Georgia laws do mandate that your insurance company, or the insurance company of the at fault driver, must pay you the actual cash value of your vehicle minus a deductible, or replace it with a comparable vehicle.
What Happens When Your Insurance Totals Your Car?
The actual cash value of your vehicle is determined by make, model, year, condition, mileage, and options, and applicable taxes and fees must also be considered. The insurance company will then determine the cost of repairs and compare this cost to the actual cash value of the vehicle to determine if it should be declared a total loss vehicle.
The applicable taxes and fees that must be accounted for include:
- Title transfer
- Vehicle transfer
- License plate transfer
- Sales tax
- Other mandatory Georgia fees
If these taxes and fees are not factored into your total loss settlement or your insurance provider undervalues your vehicle, our attorneys can help.
Total Loss Vehicle Claims with Anderson + Wanca
The attorneys of Anderson + Wanca can help you get a fair settlement from your total loss claim in Georgia. We have experience with total loss vehicle claims and can apply relevant statutes.
We will review your settlement documents, insurance policy, and other relevant documents, taxes, and fees to ensure you are offered a fair total loss settlement. If you are not being fairly compensated for your total loss vehicle, we can help negotiate for a bigger settlement.
We work with licensed attorneys throughout the U.S.