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Mandy Sleight has over 15 years of insurance knowledge and expertise in auto, home, life, health, pet, supplemental benefits, and other insurance products. She’s a sought-after insurance expert, appearing in Bankrate.com, Moneygeek.com, U.S. News & World Report, Reviews.com, CNET, and other publications, and she's been writing for Compare.com since 2023.
Mandy uses her background and experience working for well-known insurance companies like State Farm and Nationwide Insurance to create engaging and easy-to-understand content that helps readers make smarter insurance choices that have a positive effect on their budgets and finances.
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Matthew Gross is an editor at Compare.com. With a background in editing and SEO, he’s passionate about creating content that helps readers get the information they need to make more informed decisions. Prior to Compare.com, Matthew brought his user-centered approach to his work with global brands like Apple and Adobe.
Matthew graduated from Illinois State University, where he earned his bachelor’s degree in Journalism.
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In This Article
If you total your car and only have liability insurance, your insurance company won’t pay to fix or replace your vehicle. While that may be a tough pill to swallow, it doesn’t mean you’re out of options.
Depending on who’s at fault, the other driver’s insurance may help cover the damage. But even if insurance doesn’t cover anything, there are still things you can do to move forward. This guide walks you through what to expect and how to get back on the road.
First Steps if You Total Your Car With Liability Insurance
Totaling your car — especially when you only have liability coverage — can feel like hitting a dead end. But the situation might not be as hopeless as it seems.
Whether or not insurance will pay for the repairs, there are steps you can take right now to protect yourself and avoid unnecessary stress and costs later.[1]
Here’s what to do immediately after an accident.
1. Ensure everyone’s safe
Check yourself and others for injuries. Call 911 if anyone suffers injuries or if the accident is blocking traffic.
Safety always comes first. Move your vehicle if it’s drivable, but don’t try to move a badly damaged car unless it’s necessary to prevent further accidents.
2. Take photos
Use a phone or camera to take clear photos of the scene, including:
Multiple angles of all vehicles involved
Road conditions
Traffic and road signs
Visible injuries
Even if your own policy won’t cover your repair costs, this documentation can be crucial during the claims process.
3. File a police report
Always file a police report after a serious accident — especially if anyone suffers injuries. It creates an official record, which is essential if you file a claim against the other driver’s insurance. Don’t forget to ask the officer how you can get a copy of the report in case you need it later.
Most state laws also require you to file an accident report with the Department of Motor Vehicles (DMV). Some states require immediate reporting, while others give you 10 days or more. Check your state’s DMV website for details.
4. Exchange info
Swap names, contact details, insurance info, and license plate numbers with the other driver. If there are witnesses, try to get their names and phone numbers as well.
5. Notify your insurer
Even if your insurance company won’t pay for your vehicle damage, you should still inform the company about the accident. Your insurer may help you handle your claim with the other driver’s insurance and will work with you if someone files a claim against you.
6. Complete the claims process
Cooperate with the insurance adjuster, provide evidence, and stay organized. If the other driver is at fault, their insurance may cover your losses.
What Liability Insurance Covers if You Total Your Car
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Liability insurance covers damage and injuries you cause only to other people, not your own. If you’re at fault in an accident that totals your vehicle, your auto policy won’t help pay for your repairs or a car replacement, unless you have collision coverage. If you don’t, you’re likely covering your expenses out of pocket.
But if another driver is at fault, their liability insurance may cover your damages. In that case, you’ll need to file a claim with their insurer and work with their claims adjuster to come to a settlement for your loss.
Who Pays if You Total Your Car?
When you total your car, who pays for damages depends on several key factors. Who caused the accident, the type of insurance coverage involved, and your state’s laws determine who’s responsible.
If you have only liability coverage, you have limited options. But you may not be stuck paying the entire bill yourself.
Let’s break down the most common scenarios and what to expect for each.
If you’re at fault but only have liability coverage
Unfortunately, your policy won’t pay for your totaled car if you only have liability coverage. Liability insurance only covers the other driver’s vehicle and medical expenses, not yours. You’ll likely have to pay out of pocket to fix or replace your car.
If the other driver is at fault
If the other driver caused the crash, their liability insurance should pay for your vehicle damage, up to their policy limits. You’ll need to file a third-party claim under their policy and may need a police report to support it. Fault rules and processing times vary by state, but insurers resolve most claims within a few weeks.
If the other driver is uninsured or it’s a hit-and-run
If the at-fault driver has no insurance or flees the scene, you’ll have to pay for damages unless you have uninsured motorist coverage. Not all states require insurers to offer it, and not all drivers have it.
You might have to pay a deductible for an uninsured motorist property damage (UMPD) claim. Amounts and details vary by state. For example, Maryland and Texas have a $250 deductible for UMPD claims.[2] [3]
If you’re the victim of a hit-and-run and you don’t have uninsured motorist coverage, you’ll likely need to pay out of pocket or pursue legal action if you have proof of the vehicle that hit you.
If something other than a crash totals your car
If something else totals your car, like a fire, flood, falling tree, animal, or other non-collision event, insurers consider it a comprehensive claim. But with liability-only insurance, you won’t have comprehensive coverage on your policy, so you’re responsible for repairing or replacing your vehicle.
If someone else’s negligence caused the damage — like your neighbor’s tree falling on your car — you may be able to file a claim with their homeowners insurance.
How Insurance Companies Decide if Your Car Is Totaled
Insurers consider your car totaled when the cost to repair it is close to or more than its actual cash value (ACV) or what your car was worth before the accident.
Each insurance company has its own threshold — usually around 70% to 80% of the car’s market value — and some states set their own rules. If repairs cost more than that threshold, the insurer declares the vehicle totaled.
What to do with a totaled car
Once your insurer considers your car totaled, you usually have two options. You can let the insurance company take it if they’re paying for it or keep it and pay for repairs yourself. Some states allow you to keep the car with a salvaged title, but that may affect your ability to register or insure it again.
If no one is paying for the damage and you don’t want to or can’t fix it, you can try selling it for scrap, parting it out, or donating it.
How to Get Back on the Road (With the Right Coverage)
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Totaling your car can feel like hitting pause on your life, but it can be just a temporary setback.
If you need a replacement vehicle, consider budget-friendly used cars or explore financing options with low or no down payments. As you shop, consider updating your coverage. Comprehensive and collision insurance can protect your next car if something similar happens again.
If you finance your car, your lender will likely require you to have comprehensive and collision coverage. So make sure you budget for them.
Uninsured motorist coverage is also worth adding if it’s available in your state. You don’t have to go all in, but a little extra protection can make a big difference next time. If you’re still unsure what type of coverage you need, ask your agent for advice.
FAQs About Accidents and Liability Insurance
If you still have questions, we’re here to help. Below are answers to some common questions drivers have about totaling a car with liability-only car insurance.
What happens to your car if you only have liability coverage and get in an accident?
It depends. If you’re at fault, your insurance won’t pay for your car or injuries. You’ll likely need to cover repairs out of pocket. But if someone else is at fault, their liability insurance may pay for your damage.
How do you get the most money from your insurer for a totaled car?
To get the most money from your insurer for your totaled car, make sure you have photos of the damage from all angles. You should also get at least one repair estimate. Be prepared to negotiate and get another estimate if the settlement seems low.[4]
Can you keep your car if it’s totaled?
Yes. You can keep your totaled car, but be aware of salvage laws in your state. You might need to have it repaired and inspected before you can drive or insure it again.
Is there a difference between “totaled” and “total loss?”
No. “Totaled” and “total loss” mean the same thing. Both mean that the car costs more to repair than it’s worth, so the insurer declares it a total loss instead of paying to fix it.
What should you do if your car is totaled and you still owe money?
If you total your car and still owe money, you need to keep making payments until you pay off your loan. If you don’t have gap insurance, you’re responsible for the loan balance, even if you total the car.
Related Articles
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Can You Keep a Totaled Car?
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How Much Does Insurance Pay for a Totaled Car?
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What Does Diminished Value Mean? Post-Accident Guide
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What Does Actual Cash Value Mean?
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How to Use a Diminished Value Calculator
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When Does Gap Insurance Not Pay?
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What is New Car Replacement?
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What Happens When Your Car Gets Totaled?
Sources
- National Association of Insurance Commissioners. "What You Should Know About Filing an Auto Claim."
- Maryland Insurance Administration. "What You Need To Know About Uninsured Motorist Claims."
- Texas Department of Insurance. "What is uninsured motorist coverage, and do I really need it?."
- Insurance Information Institute. "Determining your car's value and cost of repair."
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Mandy Sleight has over 15 years of insurance knowledge and expertise in auto, home, life, health, pet, supplemental benefits, and other insurance products. She’s a sought-after insurance expert, appearing in Bankrate.com, Moneygeek.com, U.S. News & World Report, Reviews.com, CNET, and other publications, and she's been writing for Compare.com since 2023.
Mandy uses her background and experience working for well-known insurance companies like State Farm and Nationwide Insurance to create engaging and easy-to-understand content that helps readers make smarter insurance choices that have a positive effect on their budgets and finances.
)
Matthew Gross is an editor at Compare.com. With a background in editing and SEO, he’s passionate about creating content that helps readers get the information they need to make more informed decisions. Prior to Compare.com, Matthew brought his user-centered approach to his work with global brands like Apple and Adobe.
Matthew graduated from Illinois State University, where he earned his bachelor’s degree in Journalism.
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