Total Loss Car Accident
Is Your Car Totaled? Total Loss Auto Accident?
Is Your Car Totaled? | Total Loss Lawyer
Did you have a vehicle (owned or leased) totaled while covered under an auto insurance policy in the last 5 years?
Were you involved in a total loss car accident and not fully reimbursed by your insurance company? You might be eligible to join a total loss car accident class action lawsuit.
Insurance companies may not be reimbursing their policyholders for the full value of their total loss vehicle, according to recent consumer allegations.
Total loss car accident class action lawsuits filed against insurance providers claim that the companies violate their own contracts by failing to reimburse policyholders for sales tax, title transfer fees, tag transfer fees, and more after a total loss car accident.
Consumers taking action against insurance companies argue that they are owed hundreds to thousands of dollars.
Class action claims have been filed against insurance companies such as GEICO, but other insurance companies may also be guilty of underpaying their policyholders following a total loss car accident.
If you were insured under an auto insurance policy, experienced a total loss car accident, and were not reimbursed for sales tax and other fees by your insurance company in the last 5 years, you may qualify to join a total loss car accident class action lawsuit investigation.
See if you qualify by filling out the free form on this page.
Total Loss Car Accident Overview
Following a car accident, an insurance adjuster investigates the crash and the damage to the totaled vehicle to make a determination regarding reimbursement.
If the insurance adjuster finds that the loss of value or repair cost exceeds the insured value, the insurance company may deem the vehicle a “total loss” or “totaled.”
What happens next depends on individual policies and insurance companies, but policyholders are often offered the fair market value of the car as of the day of the accident.
Insurance Total Loss Car Accident Class Action Lawsuit
Several total loss class action lawsuits have been filed against GEICO alleging that the insurance company fails to pay costs associated with a car accident total loss including sales tax and title transfer fees.
Plaintiffs claim that costs such as sales tax and title transfer fees are included in GEICO insurance policies and that failure to pay these costs is a breach of contract.
The total loss car accident class action lawsuits argue that sales tax and other fees “are components of ‘actual cash value’ under the policy.”
Policyholders argue that costs such as sales tax and title fees are mandatory when purchasing or leasing a replacement vehicle to replace a total loss vehicle.
Sales tax varies depending on each state but can be hundreds to thousands of dollars. Adding fees to this total means that the lack of reimbursement can cause significant financial strain on policyholders.
For example, the GEICO policyholder who filed an insurance total loss class action lawsuit in Florida was forced to pay a minimum of $75.25 to transfer her title and 6 percent of the replacement car’s value in sales tax. The total was around $1,500.
Need Help After Your Car Is Declared a Total Loss? Contact Our Lawyers Today
If your car has been declared a total loss due to a recent accident, you may be entitled to more than just the market value of your vehicle. Shamis & Gentile specializes in handling total loss car accident claims and class action lawsuits against insurance providers who fail to reimburse policyholders for essential costs such as sales tax, title transfer fees, and tag transfer fees. Contact us for a free consultation to learn more about how our total loss car accident lawyers can assist you.
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How Shamis Gentile came to be
Our firm was born from a simple conviction: those harmed by fraud deserve lawyers who will fight. We started small but determined.
FIRM FOUNDED
Shamis & Gentile opens its doors on January 2, 2016.
MIAMI OFFICE
Opening our Miami office at One Flagler, 14 NE 1st Ave.
CLASS COUNSEL APPOINTMENT
Andrew Shamis leads TCPA litigation against Citgo, resulting in an $8M settlement. First major class action win.
OVER $250 MILLION SECURED
A wave of ACV lawsuits against insurers resulted in over $250M secured for consumers nationwide.
FIRST MASS ARBITRATION
The firm’s first mass arbitration against a nationwide telecommunications company.
DATA BREACH DEPARTMENT LAUNCH
Expanded the firm’s advocacy to protect individuals impacted by large-scale data breaches.
MULTI-STATE EXPANSION
Andrew Shamis becomes licensed in nine states, including Washington.
PERSONAL INJURY DEPARTMENT LAUNCH
Expanded into personal injury litigation, securing the firm’s first $1M settlement and broadening its client advocacy.
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What Can a Personal Injury Claim Lawyer Do to Help You?
The personal injury lawyer that you hire to represent your case will help you get the settlement you need to cover all of the costs related to the loss of your loved one. For example, there may be outstanding medical bills, funeral costs, and other fees that need to be settled.Hiring a personal injury lawyer will help make sense of all of these bills, as well as all of the evidence you need to present with your initial filing. Once you have all of this info in order, your personal injury claim lawyer will represent your case. They will speak on your behalf in order to prove that the settlement you are seeking is fair.
Who is responsible for my truck accident?
Due to the complexity of truck accidents, which we have mentioned above, it can be quite a challenge to determine who is at fault. It could be that only the driver is at fault, or the trucking company that owns the vehicle is liable. Sometimes, it could be the company that loaded the truck who is responsible. The exact cause of the accident needs to be established first, after which the fault can be laid at the correct person or entity’s feet. You need an experienced truck accident lawyer to do this.
What are the leading causes of truck accidents?
The Federal Motor Carrier Safety Administration (FMCSA) has conducted a study on the causes of truck accidents and they list the following – from most to least common – as the matters most often reported as primary factors in truck accidents:
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- Brake failure \t
- Traffic problems (congestion, previous accident) \t
- Prescription drug use \t
- Speeding \t
- Drivers being unfamiliar with the roadways \t
- Roadway problem \t
- Failure to stop in time at crosswalks or traffic control devices, etc. \t
- Over-the-counter drug use \t
- Inadequate surveillance \t
- Fatigue
When should I hire a Slip & Fall accident attorney?
While the idea of slipping, falling, and suing a property owner is often joked about, if you are the one left with the aftermath of a slip and fall injury then you will know that it is no laughing matter. As slip and fall accident lawyers, we have helped many people recover for the damages they incurred after slipping / tripping and falling.
What to Do After a Slip and Fall Injury Accident?
If you have been involved in a slip and fall accident, then there are a few steps that you should follow:
Step 1: Get help
Alert nearby staff and/or people that you have fallen and injured yourself. Ask someone to call an ambulance so that medical professionals can tend to you.
Step 2: Take note of the current environment
Make sure you are aware of the details of your surrounding. Was the floor wet? If so, was there a safety sign? Did you fall due to a handrail giving way? Were there loose floorboards or clutter on the floor?
Step 3: Report the accident
The accident needs to be reported to the property owner as well as the tenant of the property. Even if it was a minor trip and fall, document the date, time, and people who were on duty when you fell.
Step 4: Document everything
Document the time you missed from work due to having to go to the hospital, any tests that you had to undergo, all your injuries, the names and numbers of the people who helped you, and be sure to keep photographs of your injuries.
Step 5: Decline to give statements
It is not always in your best interest to deal directly with the property owners yourself. You do not have to place blame or accept any type of apology – contact your slip and fall lawyers first.
Step 6: Get in touch with a Personal Injury Lawyer
It is important to get in touch with a personal injury lawyer who specializes in slip and fall accidents. Proving that your injuries are the result of someone else’s negligence is not always easy – you will need an experienced legal professional guiding you through the process. The lawyer can also pursue your claim and keep you updated on the progress of your claim.
