Is it easier to win a case if the car was totaled?
In order to win your case, one of the things we have to prove is that your injury was caused by the accident in question.
One of the things that insurance companies have used more and more frequently to try to argue that causation element is the damage to the vehicle. They say that if the damage to the vehicle isn’t that severe, then it couldn’t have caused the injuries that you’re complaining of.
If your car was totaled in the accident it removes that element from the defense repertoire. A totaled vehicle will indicate that the forces involved in the accident were large enough to cause serious injuries in someone.
So that removes one of the things that the defense lawyer can argue to try and minimize your claim. It doesn’t necessary mean it’s going to be easier to win, it just removes one of the defense arguments.
If you have been injured in a car accident, and you think you may have a claim, please contact us right away for a free case evaluation.