If your car was damaged in a motor accident as a result of the negligence of another party, you have a claim for losses proximately caused by such negligence. First and foremost, you can recover the cost of repairing your vehicle. However, if the car is a total loss, the insurance company instead will pay the fair market value of the vehicle based upon the year, make, model, condition, and mileage, plus 6% sales tax, and tags. Insurance companies will total the vehicle if the repairs are 75% or more of the value of the vehicle.

In addition, the liability carrier must pay for all towing fees, storage costs, and rental car expenses. If the car is totaled, the insurance company will only pay for the rental car for a limited period of time after the total loss is resolved on the theory that you can replace the car when you get your check. The amount offered for the total loss is based on the value of the vehicle and not on the amount you owe to the lender. If the total loss does not pay off the loan, you may make a claim under your gap coverage if you have it.

If you have your car repaired and the cost of repairing your vehicle is substantial, you may have a claim for diminution in value for a recent model vehicle. This is the loss of value of the vehicle due to the accident. There are experts that can determine the diminished value.

You may take the car anywhere you want to get it fixed. The insurance company will do an estimate and the shop will fix the car in accordance with the estimate. If additional damage is found, the shop can get approval for a supplemental estimate.

The insurance company should make you whole by compensating you for losses associated with the damage to your car. If you incur other reasonably related expenses, they should be paid.