Ask an Attorney a Question for FREE!

Total Loss Twice

My vehicle had some weather related damage (sand Damage) and was deemed a total loss,before this claim was settled adn in the process my wife was driving the car and struck another vehicle her fault and totaled the car again, now the insurance company is saying that they will cover the opposing vehicle and all damages to it, but they say that they will not pay for total loss on my vehicle again or fix it.

I don't understand if it was insured at the time what does it matter if its a loss again it is still covered under the policy.

How can the liability be activated and not my comp in this situation?


Hello there,

Well, you are owed for damages you incurred at the time of the accident. If you vehicle was a total loss the first time, then your wife was driving a totaled vehicle around. This affects the value of the car.

In other words, the second accident that she had, she already had a damaged vehicle (probably worth very little because the first total loss), thus the insurance company must put you back in the situation you were prior the accident (the second accident), pay you back for a already totaled car.

In this type of situations, insurance companies will pay you once for your damages and not twice. They will not pay twice for a total loss.

For more information, please see:

How can liability and not comp be activated. It happens all the time. Both coverages are separate sections in your auto policy. They act almost as individual contracts. Some provisions apply to one but not the other. Some provisions apply to both, etc.

For more information, please see:

Good Luck,

Click here to post comments

Join in and write your own page! It's easy to do. How? Simply click here to return to Got Questions?.

Please see more answers to recent personal injury and auto accident questions below:

For a Free Review of Your Case
Please Call (866) 878-2432