Car accidents are stressful and often leave drivers wondering whether their vehicle is safe to drive afterward. For residents of Utah, Idaho, Washington, Montana, Oregon, Wyoming, Colorado, and Arizona, understanding whether your car is considered totaled and whether it’s safe to drive post-accident is crucial. While some vehicles may not meet the insurance definition of a totaled car, that doesn’t always mean they are safe or legal to operate.

At Craig Swapp & Associates, our experienced accident lawyers have helped countless clients across these states address concerns about driving after an accident. Whether you’re unsure about insurance requirements, state-specific regulations, or the safety of your car, having professional legal guidance can make a significant difference.

Let’s break down the essential rules, risks, and considerations for driving a car that is non-totaled after an accident, ensuring you’re informed and protected every step of the way.

What Does It Mean When a Car Is Totaled?

A car is considered a totaled car when the cost of repairs exceeds its actual cash value (ACV). Insurance companies use this calculation to decide if fixing the vehicle is financially feasible. While state-specific thresholds vary, the general rule is that if repairs surpass 70%–75% of the car’s value, it is deemed a totaled car.

However, in some states, it depends on insurance companies’ Total Loss Formula. 

  • Utah, Idaho, Washington, and Montana: These states determine whether a car is considered a totaled car using the Total Loss Formula (TLF). This formula compares the cost of repairs plus the vehicle’s salvage value to its pre-accident fair market value. If the sum exceeds the car’s value, it is deemed a total loss.

Hence, even if a car isn’t officially declared totaled, it doesn’t automatically mean it’s safe or legal to drive.

When Can You Legally Drive a Car After an Accident?

If the car is still operable and hasn’t been deemed unsafe by an insurance adjuster, you might be able to drive it. 

However, the following conditions must typically be met:

  • Roadworthy Condition: The vehicle must meet safety standards, including functioning headlights, brakes, and steering. Additionally, the tires should have sufficient tread depth and be free of any damage.
  • No Structural Damage: If the car accident caused damage to the car’s frame or suspension, it might not be safe to drive. Compromised structural integrity can lead to further issues while driving and potentially cause another accident.
  • Compliance with State Laws: Some states, like Arizona, require an inspection after significant repairs to certify the vehicle is roadworthy. This inspection typically covers areas affected by the repair and ensures the vehicle meets safety standards.

Failing to meet these requirements could result in fines, liability issues, or additional damage to your car.

Potential Risks of Driving a Non-Totaled Car After an Accident

Even if your car isn’t totaled, driving a car after the accident can carry significant risks:

  • Hidden Damage: Internal damage may not be visible, posing dangers like brake failure or steering malfunctions. These hidden issues can lead to catastrophic accidents if left undetected.
  • Legal Liability: If you’re involved in another car accident while driving a car that is non-totaled after the accident, you could be held partially liable. This is because the previous damage could have compromised the car’s safety features, making it more dangerous to drive.
  • Insurance Complications: Driving a damaged vehicle before repairs might violate your insurance policy terms. Additionally, it could jeopardize your safety and that of other road users.

Consulting with car accident lawyers can help clarify whether driving your vehicle is legally and financially wise.

Considerations Before Driving a Non-Totaled Car

Before you decide to get back on the road, consider these steps:

  • Assess the Damage: Take photos and document all visible damage. This documentation will be crucial when filing an insurance claim.
  • Professional Inspection: Have a certified mechanic inspect your vehicle for both visible and hidden damage. This will ensure that any underlying issues are identified and addressed, preventing further complications down the line.
  • Insurance Approval: Verify with your insurance company whether driving the car is allowed under your policy. It’s important to confirm this to avoid any potential coverage issues in case of an accident.
  • Legal Compliance: Research your state’s specific laws regarding driving a damaged but non-totaled car. Laws and regulations can vary significantly from one state to another.
  • Safety First: If there’s any doubt about the car’s safety, avoid driving it until repairs are complete. Prioritize your safety and the safety of others by having a qualified mechanic inspect and address any concerns.

Taking these considerations will not only keep you safe but also protect you from potential legal and financial complications.

Insurance Implications of Driving a Non-Totaled Car

Driving a non-totaled car after an accident without notifying your insurance provider can cause significant problems, both financially and legally. Insurance companies have specific guidelines regarding post-accident vehicle use, and failing to adhere to them can lead to consequences beyond just denied claims.

  • Claim Denial: Your insurer might deny future claims related to the accident, especially if additional damage occurs while driving an unrepaired vehicle.
  • Premium Increases: Your insurance premiums may increase significantly if your insurer determines that driving the damaged vehicle worsened its condition.
  • Policy Violation: Violating your policy’s terms by driving a damaged car without proper authorization or inspection could result in policy cancellation.
  • Reduced Coverage: In some cases, insurers may limit coverage for subsequent accidents if the vehicle was already considered unsafe to drive.

To avoid these complications, always consult your insurance provider before driving a car after the accident. They can guide you on necessary inspections, coverage adjustments, and whether driving your vehicle is permitted under your current policy. 

Legal Help from Accident Lawyers at Craig Swapp & Associates

Driving a car that is non-totaled after an accident isn’t always straightforward. While it may seem drivable, unseen damage or state regulations can complicate matters. Prioritize safety, consult professionals, and understand your legal rights.

Car accident lawyers can assist in determining whether driving a car that is non-totaled after the accident is legally sound. 

They can:

  • Review insurance assessments
  • Guide you through state-specific regulations
  • Help secure compensation for repairs or vehicle replacement
  • Assist in dealing with insurance disputes

If you’re unsure whether your vehicle is safe to drive or need help handling insurance claims, Craig Swapp & Associates is here to assist. Our team of injury lawyers is committed to protecting your rights and ensuring you receive the support you deserve.

Call us at 800-404-9000 or contact us online to schedule your free consultation with our car accident lawyers and let us help you move forward safely and confidently.