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Learn more today. You have options on how to keep a totaled car , but they are limited. When you buy a car insurance policy, you sign a contract that states that you can't force your insurer to pay out more than your car is worth. On the other hand, most states require insurance companies to follow the "made whole" doctrine, meaning you should be restored to the same financial position you were in prior to the accident.
This is primarily due to people driving older cars longer and rising repair costs that are increasing faster than vehicle values.
If your car is declared a total loss but you want to have it repaired anyway, you should be able to retain it. Can your insurer decide to total your car despite your protests? In some cases, your insurer will work with you if you "elect to retain salvage" in accordance with their policy language and state law.
Your insurer still has to pay you the car's actual cash value, minus the deductible and minus what the company would have gotten for it at the salvage yard.
If you want to keep the car, you should alert your claims adjuster and insurance company right away. You're then going to have to pay for the repairs yourself. Make sure you think your decision through. If you decide to give up your car but then you change your mind, you're going to have a hard time buying it back at auction. In most states, your car is gone for good once it goes to auction.
Regulations vary, but in many places you won't be able to attend the auction without a special license for auto salvagers or auto dealers. It's good to call the auction house beforehand to see if you will need a license in order to bid on your car. If you do get your car back from your insurer, you'll be left with a badly damaged car and perhaps only a fraction of the money needed to repair it.
If the car is really beyond repair, you'll be left with a carcass of a car and a check that's not quite enough to buy you a new one. You may be entitled to claim the costs of sales tax, title and registration fees when you buy a replacement car after yours is totaled. For more, read about recouping expenses after your car is totaled. What if the insurance check for your totaled vehicle is less than what you owe? To avoid being in the red, save yourself some grief and buy gap coverage when you purchase a new car.
If the car is repairable, make sure you have all the necessary work done. Insurers can refuse to completely cover a car that's been totaled if it hasn't passed a department of motor vehicle DMV inspection — often a necessary step in getting your car back on the road. As long as it passes DMV inspection, however, you should have no problem buying insurance. People who complain about their total loss settlements generally don't want their old, crashed cars back.
Instead, they complain that their insurers didn't give them enough money to buy a similar car. Your insurance company's estimate of what a comparable car will cost may differ from your estimates. No account? View your claim here. Progressive resources.
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A look at the vehicle damage claim process and your options if you disagree with the insurance company's valuation of your car. No-Fault Versus Standard Liability Insurance No-fault car insurance means that the insurer will pay for certain damages regardless of who was at fault and regardless of whether anyone was at fault. Collision Coverage Collision coverage is supplemental insurance coverage that covers any and all damage that your vehicle sustains in an accident.
Who Pays: The Bottom Line The bottom line is that, if your car accident occurred in a non-no fault state, the other driver's insurer will only pay for your vehicle damage if the other driver was negligent. How Much Will the Insurer Pay? Legal Information. Personal Injury Law. Medical Malpractice Claims. Settling Your Personal Injury Case. Vehicle Accident Cases. Dog Bites and Related Injuries.
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