In The News Article

Car Totaled But Not At Fault? Here’s What To Do

When your car is totaled through no fault of your own, the path to fair compensation requires careful attention to documentation and medical evaluation. Allan M. Siegel, partner at Chaikin, Sherman, Cammarata & Siegel, emphasizes in Forbes that accident victims must act quickly: “You should address your injuries promptly. Waiting too long can give the insurance company a reason to question the severity of your injuries.” Beyond personal health, Siegel stresses that proper medical documentation is essential: “Getting medical care not only helps you recover but also provides the proof you’ll need when asking for fair compensation.” The article outlines crucial first steps following an accident, including photographing damage, gathering witness information, and immediately notifying your insurance provider to begin the claims process with the at-fault driver’s insurer.

A critical factor many drivers overlook is maintaining documentation of past vehicle improvements and repairs. According to Siegel, insurers often undervalue vehicles by using standard valuation tools like Kelley Blue Book and NADA guides that don’t account for upgrades. “Without this documentation, the insurance company might undervalue your car, comparing it to a standard model without those upgrades,” Siegel explains. “Make sure to save any records showing your vehicle’s added value. It’s a small step that can make a big difference in ensuring drivers are fairly compensated.” The article also notes that settlement offers aren’t final—drivers have the right to negotiate and can seek legal representation if they believe they’re being treated unfairly. Understanding your state’s totaled vehicle thresholds and keeping comprehensive records throughout the process are essential to protecting your rights and securing full compensation.

Allan M. Siegel, partner at Chaikin, Sherman, Cammarata & Siegel, shares critical legal guidance in Forbes on what to do when your vehicle is totaled through no fault of your own. The article covers the steps accident victims should take to ensure fair compensation from insurance companies, including the importance of immediate medical evaluation, proper documentation, and keeping records of vehicle improvements.
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