Insurance Wants To Total My Car But I Want To Keep It (2024)

Sarah Edwards's profile picture

Sarah Edwards

Contributor

Adam Ramirez, J.D.'s profile picture

Reviewed By Adam Ramirez, J.D.

Editor

Read in 5 mins

Summary

  • Laws vary, but most states allow you to keep your totaled car
  • Your local DMV determines restrictions on driving or selling your car
  • You may have a hard time insuring your totaled car

After a serious accident, you’ll face many decisions and a number of questions, especially if your insurance company declares your vehicle a total loss. Your first question might be, “What happens if insurance wants to total my car, but I want to keep it?”

The short answer is most states permit you to keep a vehicle that’s been totaled. Here’s what you need to know about the process for keeping your car after it’s been totaled, the reasons you might consider holding on to it, and how you might return it to the road.

Free Car Insurance Case Review

Preparing Case Review Form. ConsumerShield is transforming the way consumers experience law.

What Is a Total Loss?

Are you wondering, “What should I do if insurance wants to total my car but I want to keep it?” You’re not alone, especially if your car was totaled in an accident that wasn’t your fault. It may help to first understand how insurance companies define a total loss.

Insurance companies may declare a damaged vehicle a total loss if repairing it will cost more than it is worth—its actual cash value (ACV)—or if it is unsafe to drive. Your insurer typically assigns an adjuster after you report accident damage to your car. The adjuster assesses the damage to your vehicle based on the laws of your state.

Some states set a total loss threshold (TLT). If repair costs exceed a certain percentage—which is 60% in some states up to 100% in others—of the car’s market value before the accident, the insurer must declare the car a total loss.

Other states use the total loss formula (TLF), which subtracts the salvage value from the market value, or ACV, and if repairs cost more, the insurer can declare the vehicle totaled.

How to Keep Your Totaled Car

Insurance companies generally don’t want to pay more than the ACV on an accident claim. So they often total your vehicle, leaving it with a salvage value. That’s the money they could get selling the damaged vehicle to a salvage or scrap yard.

You can simply contact your insurer and ask to keep your car. Your insurer can then subtract the salvage value from the settlement payout, providing you a check for the remainder and turning the car over to you.

Free Car Insurance Case Review

Preparing Case Review Form. ConsumerShield is transforming the way consumers experience law.

Understand the Laws of Your State

When you receive the total loss declaration, consider the laws of your state before deciding to keep your car.

Some states allow you to retitle a totaled vehicle after you’ve made repairs in a process known as getting a “rebuilt title.” However, other states may only allow you to sell the car for salvage or parts, and other states may not allow you to do anything with your salvage vehicle at all.

You can talk to your insurance agent or your state’s Department of Motor Vehicles (DMV) or Department of Insurance to find out what is allowed in your state before pursuing your totaled vehicle. Understanding the laws of your state on salvage vehicles can keep you from spending time and money only to find out you can’t legally keep your car.

Consider Why You Might Want to Keep Your Totaled Car

Is keeping your totaled car worth it? That depends on your personal circumstances. A few reasons you might want to hold on to your totaled car include:

  • You want to use it for parts or sell its parts.
  • You want to donate it to charity as a tax write-off.
  • You plan to repair it or have someone fix it.
  • You love your car and don’t want a different one.

Any of those reasons might make pursuing a salvage title or rebuilt title to hold onto your car worthwhile for you.

Free Car Insurance Case Review

Preparing Case Review Form. ConsumerShield is transforming the way consumers experience law.

Getting Your Car Back on the Road

The road from the total loss claim process to repairing and retitling your car can be long. But in states that allow it, you can get a rebuilt title to drive your car again by taking the right steps.

Depending on your state, the value of your car and its model, you may be able to repair your car, apply for a rebuilt title, pay a fee and pass an inspection from the DMV. Here’s the documentation you’ll need to accomplish that:

  • Before and after photos of the damage and repair
  • Receipts for parts and repair work
  • Proof of ownership
  • Your salvage title
  • A completed rebuilt title application

Once you clear those hurdles, you’ll want to find the car insurance you need to drive it and an insurer willing to cover your car.

Many insurance companies refuse to insure vehicles with rebuilt titles. Those that do often only provide liability insurance. Liability insurance is the minimum in most states to receive your tags to legally drive on public roads.

The Pros and Cons of Keeping a Totaled Car

Holding onto a car that’s been declared a total loss can be a challenge. To decide whether it’s a journey you want to take, consider these advantages and disadvantages of keeping your totaled car:

Pros

  • Can use the settlement money to make repairs
  • May earn money from selling car parts
  • No need to carry collision or comprehensive insurance

Cons

  • Inability to title a salvage vehicle under your state’s laws
  • High repair costs
  • Challenges in finding auto insurance
  • The diminished value of your car making it hard to sell

Weighing these pros and cons against the value you find in keeping your totaled car can help you decide whether the time, effort and money are worth it.

Free Car Insurance Case Review

Preparing Case Review Form. ConsumerShield is transforming the way consumers experience law.

Discuss Your Options With ConsumerShield Today

The decision to keep a salvage vehicle can involve many complicated factors. At ConsumerShield, we are committed to sharing our insurance experience with consumers so that you can get back on the road as soon as possible. Connect with us today to find out more about keeping your totaled car.

Car Insurance Knowledge Base

Read the latest information on Car Insurance and find answers to your questions. Currently there are 18 topics about Car Insurance .

Frequently Asked Questions

  • You cannot drive a salvage car on public roads in most states. Some states issue a rebuilt title that allows you to drive after your vehicle has been repaired, certified by a qualified mechanic, inspected for safety, insured and tagged.

  • If repair costs reach the total loss threshold or total loss formula, your insurer will likely declare your car a total loss. However, you can dispute the insurance company’s decision by proving the car can be fixed for less or the car is worth more than your insurer claims.

More About Car Insurance

Stay up to date

Get updates on all of our legal news on lawsuits, research and legal updates.