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

Being involved in a car accident can be a distressing experience, and when your car is totaled, it adds another layer of stress. If you’re not at fault for the accident, you might feel frustrated and uncertain about what steps to take next. In this article, we’ll discuss what to do if your car is totaled but you’re not at fault and how to navigate the process of getting compensated for your losses.

  1. Ensure Safety First:Your safety and the safety of others involved in the accident should be your top priority. Make sure everyone is okay and seek medical attention if needed. If it’s safe to do so, move your vehicle out of the flow of traffic to prevent further accidents.
  2. Call the Police:Even if you believe the accident is minor, it’s essential to have a police report filed. This will create an official record of the accident, which can be invaluable in the claims process. Make sure to provide accurate and unbiased information to the responding officers.
  3. Exchange Information:Obtain the contact and insurance information of the other driver(s) involved. You should also collect contact details from any witnesses. This information will be crucial for filing an insurance claim or pursuing legal action.
  4. Document the Accident:Take photos of the accident scene, including the damage to your vehicle and the other vehicle(s) involved. These visual records can help support your insurance claim and establish liability.
  5. Contact Your Insurance Company:Even though you’re not at fault, you should still notify your insurance company about the accident as soon as possible. They can guide you through the process and may need to communicate with the other driver’s insurance.
  6. Seek Medical Attention:Even if you don’t have obvious injuries, it’s a good idea to seek medical evaluation after an accident. Some injuries may not become apparent immediately, and having a medical record can be crucial for your claim.
  7. Determine Your Car’s Value:Your insurance company will likely declare your car as “totaled” if the cost of repairs exceeds a certain percentage of its value (typically around 70-75%). To determine the fair market value of your car, you can use resources like online car valuation tools or consult local dealerships.
  8. Review Your Insurance Policy:Review your own insurance policy to understand what coverage you have, especially if the at-fault driver is underinsured or uninsured. You may have uninsured/underinsured motorist coverage that can help cover your losses.
  9. Contact the At-Fault Driver’s Insurance:Contact the at-fault driver’s insurance company to start the claims process. Provide them with all necessary information, such as the police report, witness statements, and documentation of the accident and your vehicle’s value.
  10. Consider Legal Action:If you encounter difficulties with the at-fault driver’s insurance company or believe you’re not receiving fair compensation, consult an attorney experienced in personal injury and car accident cases. They can help you explore legal options to recover your losses.
  11. Stay Persistent:Dealing with insurance claims and the aftermath of a car accident can be a lengthy process. Stay persistent, keep records of all communication, and follow up as needed to ensure your case progresses.


When your car is totaled but you’re not at fault, it’s crucial to stay calm, prioritize safety, and take the necessary steps to protect your interests. By following the guidelines outlined in this article, you can navigate the process of recovering your losses, whether through insurance claims or legal action, and get back on the road with the compensation you deserve.

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