Battle Born Injury Lawyers | September 12, 2025 | Car Accidents in Las Vegas
If you have been involved in a car accident, you are likely facing car repair bills to fix the damage done to your vehicle. You may be able to file an insurance claim to get the money for the repairs. If the damage is severe enough, the insurance company may consider your car totaled. In these situations, they may keep the wrecked vehicle and just give you a check for its value.
Unlike some states, Nevada has statutes in place that define what a “total loss” vehicle is. Even though the rules are fairly clear, there are some exceptions. Dive into all the details below to learn more about when a car is considered totaled in Nevada.
When Is a Car Totaled in Nevada?
When most people think of a totaled car, they think of one that has suffered substantial damage. Most people would consider a totaled car to be damaged beyond repair. In Nevada, the law provides a specific definition of a “total loss vehicle.”
In fact, the law defines a “total loss vehicle” as one that has been wrecked or damaged such that “the cost of repair is 65 percent or more of the fair market value of the vehicle immediately before it was wrecked, destroyed or otherwise damaged.”
For example, imagine that the fair market value of your vehicle is $10,000. If you are in an accident and the cost to repair your vehicle is $6,500 or more, then your car would be considered a total loss.
How Is the Fair Market Value Calculated?
One important thing to remember is that the fair market value of your vehicle is somewhat subjective. This value is often the subject of much debate during the insurance claims process.
Some factors that affect the market value of your vehicle include:
- Year
- Make
- Model
- Mileage
- Aftermarket parts or accessories
- Geographic location
Most insurance companies have specific formulas they use for determining the fair market value of your vehicle. If you need to dispute this amount, you should be prepared to present evidence to support your position. You can use vehicle valuation tools, such as NADA, Kelley Blue Book, or sales information for similar vehicles in your area.
Are There Any Exceptions to the Total Loss Law?
Yes, there are some exceptions when your vehicle might not be a total loss even if the cost of repairs is 65% or more of the vehicle’s fair market value.
First, the law states that the cost of repair does not include the cost of:
- Painting any part of the vehicle
- Replacing electronic components according to the manufacturer’s specifications
- Towing the vehicle
Additionally, there are some special exceptions for vehicles that are 10 model years old or older.
A vehicle of this age will not be considered totaled regardless of the repair cost if the repair only requires replacing the:
- Hood
- Trunk lid
- Fender
- Two or fewer bolt-on parts, such as doors, bumpers, headlights, or taillights
An old car may have a low market value, so these exceptions can help avoid these cars from being totaled. For instance, if you have a 15-year-old vehicle that only needs the hood replaced, the car would not be totaled regardless of the replacement cost.
Filing an Insurance Claim
Nevada is an at-fault state for car insurance, so the driver who caused the accident will be responsible for your car repairs. If another driver was at fault, you could file a claim with their insurance company. Your car repair expenses or the total loss value of your vehicle would be included as part of your economic damages.
If you caused the damage to your vehicle, you would need to file a claim with your own collision coverage. The insurance company will typically cut you a check for the fair market value of your vehicle less any deductible that may be due.
Contact the Las Vegas Car Accident Lawyers at Battle Born Injury Lawyers for Help Today
While property claims are generally pretty straightforward, you may need the help of an experienced Las Vegas car accident lawyer to help with your claim. If you were injured in an accident, you should always seek help from a personal injury lawyer.
At Battle Born Injury Lawyers, our lawyers can help ensure that both your property and injury claims are properly valued so that you get all the compensation to which you are entitled. Contact us today for a free consultation.
Battle Born Injury Lawyers – Downtown Las Vegas Office
400 S 4th St Suite 290,
Las Vegas, NV 89101
(702) 703-6102
Battle Born Injury Lawyers – Las Vegas Office
10789 W Twain Ave #100
Las Vegas, NV 89135
(702) 297-7164
Battle Born Injury Lawyers – Reno Office
675 W Moana Ln #206
Reno, NV 89509, USA
(775) 252-4219
Battle Born Injury Lawyers – Henderson Office
8540 S Eastern Ave #200
Henderson, NV 89123
(702) 723-7095
