What type of compensation will i recieve from being rear ended if my car was previously declared totalled?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Sep 23, 2014

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Insurance Question from Glendale, AZ

Asked on 09/23/2014

What type of compensation will i recieve from being rear ended if my car was previously declared totalled? My car was considered totalled due to extensive body work damage. IT however would still drive, however i was rear ended and now there is signifficant damage to areas that need repair. What do i do?

Answer given on October 06, 2014

Presuming that you mean your car had the extensive damage BEFORE the accident and had been declared a total loss, then you will most likely not receive any compensation for further damages to the car. If you were paid for the earlier damages to your car then it seems the insurance company would have taken the car as a part of the settlement. If you did not have coverage on your car so you did not receive any money for the damages, it would still be your responsibility to repair the car.Since it had been determine a total loss and repairs were not made, then there is no value to the car as far as the insurance company would be concerned. A total loss is just that- TOTAL.Of course, if you were injured in the accident then the other insurance company will need to pay for your injuries. They may be unwilling to work with you if the current damage to your car caused a part of your injuries.


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