What to do if my car was totaled in an accident?

UPDATED: Nov 23, 2012

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What to do if my car was totaled in an accident?

I had proceeded forward after stopping at a stop sign and a speeding car hit me. The adjuster has said that the fault may not be 50/50. What does this mean in terms of paying for my car and damages?

Asked on November 23, 2012 under Accident Law, Connecticut


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I suggest that you simply let your claims representative handle the damage claim you have with your vehicle with the presumed adjuster with the other party's carrier. If the fault is not 50/50 for the accident then the person having the greater degree of fault will pay a higher percentage as to the vehicle's fair market value to you assuming the driver of the speeding vehicle has the greater degree of fault.

For example, value of care is $10,000 at accident and other driver is 80% liable for damages and you are 20%, then you get $8,000 for your vehicle.

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