No-Nonsense Help After An Accident
Total Loss Property Damage After a Car Accident
When you’ve been in a car accident, one of the first concerns—after your physical well-being—is the state of your vehicle. If your car is severely damaged, you may be dealing with what the insurance company calls a “total loss.” Unfortunately, many accident victims find themselves facing lowball valuations, confusing processes, and frustration when trying to recover the true value of their totaled vehicle.
At the Law Office of Carl Knickerbocker, we help clients fight for full compensation not just for medical bills and injuries, but for the actual value of their vehicles after an accident. If you’ve been in a serious crash and the insurance company says your car is totaled, we can help you understand your rights and options.
What Is a Total Loss?
A total loss occurs when the cost of repairing your vehicle exceeds a certain percentage of the vehicle’s pre-accident value. In Texas, insurers typically declare a vehicle a total loss if repairs cost more than 100% of its Actual Cash Value (ACV). Some companies may use a lower threshold, such as 75% or 80%, based on internal policy.
If your vehicle is declared a total loss, the insurance company will usually offer you a settlement equal to the ACV, minus any deductible if you’re filing under your own policy.
How Insurance Companies Value Your Car
Insurance companies determine the ACV based on your car’s:
Make, model, and year
Mileage
Condition before the accident
Local market comparisons
Optional features or upgrades
Unfortunately, these valuations are often inaccurate or unreasonably low. Insurers may rely on third-party valuation services that don’t fully account for your vehicle’s condition, modifications, or the actual local market value.
We help clients challenge unfair total loss valuations and demand appropriate compensation based on real-world evidence.
Common Problems with Total Loss Claims
Many accident victims don’t realize they have the right to question and negotiate the total loss offer. Here are some of the issues we frequently see:
Undervalued offers: The insurance company may lowball the payout based on incomplete or outdated data.
No credit for upgrades: Features like new tires, premium audio systems, or other customizations may be ignored.
Inconsistent comparables: The insurer may use vehicle comparisons from different counties or cities, even when your local market is more expensive.
Fast pressure tactics: Some adjusters try to rush you into accepting a settlement before you've had a chance to evaluate its fairness.
If you're being pressured into accepting a total loss offer that doesn’t reflect your vehicle’s true worth, it’s time to talk to an attorney.
You May Also Be Entitled to Additional Damages
In addition to compensation for the value of your car, you may be able to pursue:
Loss of use damages: If you were without a car for a significant time due to delays in handling the total loss, you may be entitled to additional compensation.
Diminished value claims: In some cases, if your car was repaired instead of totaled and lost market value due to the accident history, you can recover the difference.
Rental reimbursement: If you're entitled to a rental vehicle while your total loss claim is pending, we can ensure the insurance company follows through.
What to Do If Your Vehicle Is Declared a Total Loss
Here are a few steps to protect your rights:
Don’t accept the first offer: You have the right to review, challenge, and counter a total loss valuation.
Request the valuation report: Ask the insurer for the written ACV calculation and comparable vehicle listings.
Document your car’s condition and upgrades: Any receipts, maintenance records, or photos of the car before the accident can support a higher valuation.
Get a second opinion: An experienced attorney can review the insurance company’s offer and help you determine if it’s fair.
Watch out for liens: If you still owe money on your car loan, a low settlement might leave you without a car and still in debt. Let us help you explore all legal options.
Let Our Firm Help You Get What You’re Owed
At the Law Office of Carl Knickerbocker, we’re not just focused on medical claims. We understand that your vehicle is essential to your daily life — for work, school, errands, and everything in between. Being left without a car due to a low total loss payout can disrupt your life just as much as the accident itself.
If you were in a crash and your vehicle was totaled in Central Texas — including Bastrop, Round Rock, Georgetown, or nearby — we’re here to protect your rights and make sure you’re not taken advantage of by the insurance company.
We offer free consultations and handle most injury-related cases on a contingency fee basis, meaning you pay nothing unless we win compensation for you.