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Can I Keep My Vehicle If the Insurance Company Totals It?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: May 12, 2020

Read Time: 4 mins

Yes, you may be able to keep your vehicle after a car accident, even if the insurance company deems it “totaled.” However, the decision is a personal one and can be difficult to manage without the right support. When you work with New York car accident law firm Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., we make sure your rights are protected, including your right to hold onto your property should you wish to do so.

When should you keep your vehicle after an accident?

You may want to keep your totaled vehicle if:

You have a sentimental attachment to it.
You believe you could make more money salvaging the parts.
You or someone you know could do the repairs for a reasonable price.
The damage to the vehicle is mostly cosmetic and doesn’t impact safety.
You’re still paying off the loan on your vehicle and can’t afford to take on a new one.
You don’t have the credit or sufficient money, even with the insurer’s offer, to replace your loss.

Is your car really totaled?

The insurer might tell you that your vehicle is totaled if, in their estimation, it cannot be safely repaired. The decision will also be based on make, model, and mileage, what condition your vehicle was in at the time of the accident. It will also be based on what systems were impacted and the cost of local repairs. Typically, autos are deemed a “total loss” when the damage exceeds 65-70 percent of the market value.

Of course, you may dispute whether your vehicle is truly beyond all hope. Insurance companies use software that isn’t publicly available to reach a vehicle valuation. However, you can estimate the market value of it by answering a few quick questions on Kelley Blue Book’s website. You can also look at what cars are selling for at dealers in your area. The cost of repairs factor in as well, so it’s worth getting a few estimates from local collision shops.

How can you save your vehicle after an accident?

If you can demonstrate a good track record of routine maintenance, you may succeed in getting your vehicle another lease on life. You may be able to accept the insurer’s decision for the “total loss” check– which is the cash value of the vehicle minus your deductible–and it will be up to you to have the repairs done.

Are there risks in keeping a car the insurance company has totaled?

Keeping a “totaled” vehicle is not without risk.

It might not be safe. Insurers generally total vehicles for good reason. Often, a lot of damage goes unseen and is only discovered once repair professionals begin dismantling. Cracks in the frame or damage to the airbags can put your safety in jeopardy. You may face difficulty passing state inspection, which could mean you are not able to drive your vehicle on publicly-owned roads.

It might be hard to sell or insure. You might also run into trouble maintaining auto insurance once your title is “branded” in the National Motor Vehicles Title Information System. Each insurer makes its own rules, but some will not sell collision and comprehensive coverage on “salvaged vehicles.” If you hope to re-sell the vehicle, used car dealers and prospective owners will be able to search the title to see that it has been in a past accident.

Are there any cases where I can’t keep my vehicle if I want to?

One exception to the rule is if you were still paying off your vehicle loan at the time of the accident. Technically, the lienholder– the financial institution you borrowed from– owns the vehicle and has the final say. They typically take their portion of the insurance settlement before you get any money.

Contact us today

You can always count on a free consultation with car accident lawyers at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. to help inform your options before taking the next step.

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   LWelsh 
 8 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 29 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 93 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 96 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 102 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 108 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 131 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 144 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 151 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 154 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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