A car accident is overwhelming, especially if your car is totaled. You might wonder if you can sue the person who caused it. The short answer is yes, you can.

What Does “Totaled” Mean?

When a car is totaled, the Repair costs are higher than the vehicle’s actual value. For instance, if your car is worth $7,000 but repairs would cost $8,000, the insurance company considers it totaled. In such cases, your vehicle is likely beyond repair, and you’ll need a replacement.

Being left without a car disrupts your life. Losing a vehicle is a big inconvenience whether you need it for work, family, or daily tasks. The situation becomes more complicated if the at-fault driver’s insurance doesn’t fully cover the damages.

Who Pays for the Damages?

If the other driver caused the crash, their insurance should pay for the damages, including the value of your totaled car. Typically, they’ll offer the actual cash value (ACV), which your car was worth before the crash—not what you paid. The ACV is based on the car’s age, mileage, condition, and market value.

Sometimes, insurance companies offer less than what you believe your car is worth. You can negotiate with the insurer if you feel the settlement is unfair. However, you may need to consider filing a lawsuit if negotiations fail.

When Should You Sue?

Suing is an option when you can’t reach a fair agreement with the insurance company or the at-fault driver. Common reasons to sue include:

  1. Low Settlement Offers: If the insurance company’s payout doesn’t cover the cost of replacing your car, a lawsuit may help recover the difference.
  2. Insurance Denial: If the insurance company denies your claim, you might need to sue the driver directly.
  3. Uninsured Driver: If the driver doesn’t have insurance, a lawsuit may be your only option to recover damages.
  4. Delayed Injuries: Even if you felt fine at the scene, some injuries, like whiplash, back pain, or emotional distress, may appear days or weeks later. These delayed injuries can significantly impact your health and finances, making a lawsuit necessary.

What Can You Sue For?

In a lawsuit, you can claim several types of damages:

  • Property Damage: The cost of replacing your totaled car.
  • Medical Expenses: If delayed injuries appear later, you can claim for those medical costs.
  • Rental Car Costs: Fees for a rental car while you wait for a settlement.
  • Lost Wages: If you miss work because you don’t have a vehicle or due to injury, you can claim lost income.
  • Additional Expenses: Out-of-pocket costs like towing, storage, or other related fees.

Delayed injuries can complicate the situation. They may require ongoing medical treatment, which could be expensive. Emotional distress from the accident can also be a factor, especially if it impacts your daily life.

Gathering Evidence

If you decide to sue, collecting evidence is crucial. You’ll need:

  • Photos of the accident scene and the damage.
  • The police report.
  • Witness statements.
  • Medical records, especially if you experience delayed injuries.
  • Repair estimates or the valuation of your totaled car.

The more detailed your evidence, the stronger your case will be.

Small Claims vs. Civil Court

Where you file your lawsuit depends on the amount you’re seeking. In Washington, DC, small claims court handles cases up to $10,000. It’s faster, less formal, and you usually don’t need an attorney. If your damages exceed this limit or your case is more complex—especially if delayed injuries are involved—you’ll need to file in civil court.

Lawsuit Timeline

If you choose to sue, the process typically involves:

  1. Filing the Complaint: A document outlining your claims against the at-fault driver.
  2. Serving the Defendant: The person you’re suing must be formally notified.
  3. Discovery: Both sides gather evidence and share information.
  4. Negotiation: Many cases settle before trial. Your attorney can help negotiate a fair settlement.
  5. Trial: A judge or jury will decide the case if no settlement is reached.

Delayed Injuries: What to Watch For

Even if you feel fine right after the crash, some injuries take time to show symptoms. Whiplash, for example, can cause pain that surfaces days later. Back injuries and emotional trauma can also emerge over time.   If delayed injuries appear, you’ll want to include those expenses in your lawsuit–this is why getting a medical evaluation soon after the accident is critical, even if you don’t feel hurt immediately.

Alternatives to Suing

Before heading to court, explore other options:

  • Negotiation: Directly negotiating with the insurance company or the at-fault driver can sometimes lead to a better settlement.
  • Mediation: A neutral third party helps both sides reach an agreement.
  • Arbitration: A more formal process where a third party decides the outcome without going to court.

Consult an attorney specializing in car accidents to explore your options and protect your rights.