Retaining Total Loss Vehicle?

by pdougc » Fri May 22, 2009 09:52 pm
Posts: 1
Joined: 22 May 2009

Details:
2000 Jeep Grand Cherokee.
Wife was driving, not at fault.
Claim being handled by at fault driver ins.
State is Pa.
We still have the title.
No settlement has been agreed too.


After initial meeting with ins rep we were given 2 options to repair the Jeep. Option one, have and adjuster come and inspect the vehicle and give us a check and have the vehicle fixed by us. Option two, have the vehicle taken to a shop and inspected there. Due to it being a uni-body we chose option 2.

The vehicle by the ins company has been declared a total loss. They wanted me to sign the title over to them and I would receive a check from them. I said that I was interested in retaining the vehicle and would like information on that.

Per the ins representative if we wish to retain the vehicle we have to find a shop that will do the work below the total loss threshold willingly.

I asked if I can retain the vehicle and just receive a check minus the salvage value. I was told that since the ins company declares it a total loss that it has to be fixed by them paying a shop and not just giving me a check.

Is that correct? Hope that all made sense.

Total Comments: 6

Posted: Fri May 22, 2009 10:01 pm Post Subject:

Per the ins representative if we wish to retain the vehicle we have to find a shop that is willing to do the work below the total loss threshold.

Wrong...unless PA has some weird laws....check with your states dept of ins. web site as well as dmv site, re: retaining salvage, or salvage titled vehicles...see what it says about retaining total losses...

I asked if I can retain the vehicle and just receive a check minus the salvage value

That's the way it's done in most of the world... I

was told that since the ins company declares it a total loss that it has to be fixed by them paying a shop and not just giving me a check.

Tell them to send you a copy of the law or statute that says this is required.

Posted: Fri May 22, 2009 10:37 pm Post Subject:

I think there is some info actually missing here....

I think what they are telling you is that if you retail the vehicle and _want to avoid a salvage title_, you need to find a shop that will charge less then the total loss amount (80% of it's value). So if you find a shop you don't need to worry about the vehicle being reported to the state a a total loss. If the vehicle's title is changed to a salvage title you may have problems getting it registered. You'd need to see what is required by the DMV is this is done.

Trust me... you want to avoid a salvage title if at all possible.

Posted: Sat May 23, 2009 07:04 am Post Subject:

Wrong...unless PA has some weird laws....check with your states dept of ins. web site as well as dmv site, re: retaining salvage, or salvage titled vehicles...see what it says about retaining total losses...



Lori, as far I know PA doesn't have a weird law regarding salvaged vehicle. The laws are almost the same regarding retaining salvaged vehicle.

May be SD would be able to throw some more light on this issue.

Posted: Sat May 23, 2009 10:59 am Post Subject:

I think what they are telling you is that if you retail the vehicle and _want to avoid a salvage title_, you need to find a shop that will charge less then the total loss amount (80% of it's value).

That is what I originally thought too Todd, until he said he presented it to them like this...

I asked if I can retain the vehicle and just receive a check minus the salvage value.

and what he said their their response was...but still maybe that was what they were saying, guess he needs to verify their statement....

Found this for you OP, it's from a Philly gov't page, this though should be state wide..

http://www.phila.gov/autoinsurance/faq/faq3.htm#q13

The company owes you the fair market value of your vehicle (before the accident) in your local area. You can determine this amount by using dealer quotes and/or newspaper adds or other auto sales publications, as long as the vehicle being sold is comparable to yours in mileage, condition, options, etc. In addition they will pay you sales tax on the value of your vehicle, and pay the unused portion of your registration fees. You may have the option of purchasing your damaged vehicle as salvage, and paying the company the amount they would get if they sold it to a wrecker. If you would like more information see our fact sheet "".





This next one is part of the states Fair Claims Practice Regulations

http://www.phila.gov/autoinsurance/accident/responsibilities.htm

Offer a fair settlement. If you suffer a total loss, then the settlement must include taxes, license, and transferfees. The settlement must reflect the value of a comparable vehicle of like kind, condition, and quality. If you retain the salvage vehicle, then the deductions from the settlement for salvage must be fair, measurable, and discernible

To me it clearly appears PA has no problem with an owner retaining the salvage....talk to them again and see what they have to say..let us know how your next conversation with them goes...and if you need any additional assistance.

Posted: Tue Mar 02, 2010 11:07 pm Post Subject: y cant i buy catergey c fire damged car back from insurance

my car got fire damage its on catergy c so i started to repair it thot i could buy the car back and insurance company would pay me same money but when rang them they said i cant retain car back its been repaired now the insurance have said they not paying out

Posted: Wed Mar 03, 2010 12:47 am Post Subject:

my car got fire damage its on catergy c so i started to repair it thot i could buy the car back and insurance company would pay me same money but when rang them they said i cant retain car back its been repaired now the insurance have said they not paying out



Once you choose the settlement option to repair, they can't reverse the settlement once it's been repaired.

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