Show notes
You’re in a serious accident. Your car has major damage. You think it might be totaled. Now what?
In this week’s episode of the Monday Morning Lawyer, Joe Bowers, Elkton’s accident and injury attorney, breaks down exactly what happens when your vehicle is declared a total loss, how the insurance payout process works, and one coverage most drivers overlook until it’s too late: gap insurance.
When Is a Vehicle Considered a Total Loss?
Insurance companies and body shops use a straightforward threshold: if the cost to repair your vehicle exceeds 70% of its actual cash value (ACV), it will be declared a total loss.
This rule made a lot of sense in older vehicles, where heavy repair costs generally meant serious structural damage. But modern vehicles are packed with sensors, cameras, lane-detection systems, and electronics, and those components are extraordinarily expensive to replace. A vehicle can be structurally sound but still get totaled simply because the cost of repairing its technology pushes past that 70% line.
When that happens, the insurance company pays you the actual cash value of the vehicle,not what you paid for it, not what you owe on it, and the claim is closed.
Make Your Car Payments Until the Loan Is Paid Off
This is one of the most important and most overlooked pieces of advice Joe gives clients after a total loss: do not stop making your car payments just because you were in an accident.
Here’s the reality. A total loss payout does not happen overnight. Claims take time. If your car payment is due in three days and you were just in an accident today, there is no chance that loan will be paid off in time. Miss that payment and you could face late fees, a ding on your credit, and headaches that have nothing to do with fault or insurance coverage.
Joe’s rule: keep making your payments until you receive written confirmation from your lender that the loan has been paid in full. Even if the insurance company says they’re going to pay it out retroactively, make the payment. You’ll get a refund on any overpayment. A small inconvenience is far better than a credit hit.
The Gap Problem: What You Owe vs. What Your Car Is Worth
Here’s a scenario that catches a lot of drivers off guard.
You buy a new vehicle for $50,000. You put $10,000 down, so you borrow $40,000. The moment you drive off the lot, that vehicle is worth closer to $30,000. Six months later, you’re in an accident and the car is totaled. The insurance company pays you the actual cash value, maybe $30,000, but you still owe somewhere in the high $30,000s on the loan.
That leaves you on the hook for the difference. In this example, that could be $5,000 or more out of your own pocket, for a car you no longer have.
This is what’s known as being “underwater” on a loan, owing more than the vehicle is worth, and it’s incredibly common, especially early in a financing term when depreciation is steep and loan balances are still high.
What Is Gap Insurance and Do You Need It?
Gap insurance exists specifically to cover the difference between your vehicle’s actual cash value and the remaining balance on your loan, the “gap.”
You’ll typically be offered gap insurance at the dealership when you finance a purchase, and it usually runs $1,000–$1,500 as a one-time cost. Some auto insurance carriers offer it as an add-on to your policy as well. If you go the insurance route, be sure to ask whether a gap claim would be tied to your primary auto claim, meaning, if you caused the accident, would you take one insurance hit or two? The answer could affect your premiums long-term.
Joe’s guidance: if you financed your vehicle, especially without putting a significant amount down, gap insurance is worth a serious look. The further you are from paying off the loan, the more likely it is that a gap exists between what the car is worth and what you owe. Once you’re close to paid off, the math changes, but until then, this coverage can save you thousands.
Bowers Law Can Help You Navigate the Claims Process
Joe and his team don’t handle vehicle damage claims directly, that part of the process runs through the insurance companies and body shops. But his office helps you set up the claims, walks you through what to expect, and makes sure the process moves forward correctly. The injury claim and the property damage claim often go hand in hand, and having an attorney guiding you ensures nothing falls through the cracks.
If you were injured in an accident, call Bowers Law at (410) 885-6200. Joe’s office serves clients throughout Cecil County and the surrounding area.
Get Your Free Auto Insurance Policy Review
Not sure if you have the right coverage? Joe is offering free auto insurance policy reviews throughout the month of August, and there’s more than just peace of mind on the line.
Every person who submits their policy for review at marylandinsurancebook.com will be entered to win a pair of Ravens tickets to an upcoming regular season game, lower level seats. And for every review completed in August, $5 will be donated to Voices of Hope, a local nonprofit doing important work in the community.
Joe is not an insurance salesman. There is no sales pitch. His goal is to give you clear, honest information about what your policy covers, what it doesn’t, and what options you might want to explore with your insurance company. A one-on-one review can be done virtually or in person at his Elkton office.
Most people don’t know what their auto insurance actually covers, and according to Joe, their insurance agents aren’t telling them either. This is your chance to find out.
More Episodes and Resources
Joe has been recording the Monday Morning Lawyer podcast for two to three years, covering everything from how insurance policies work to what happens after serious accidents. You can browse and search all past episodes at bowerslawmd.com/podcast.
Have a question you’d like covered on the show? Email info@bowerslawmd.com. Joe won’t use your name or share your specific situation, but he’ll use your question to give guidance that helps other listeners, and he’ll respond to you directly.
The post What Happens When Your Car Is Totaled? first appeared on Bowers Law.
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