Expert: Richard Hixenbaugh - 8/22/2009

Question
My truck was considered totaled by the other drivers insurance
company and I was not at fault. Can I get my truck back and a claim settlement for property damage at the same time. My truck is still sitting in the tow yard.

Answer
Hi Matt,

When an insurance company makes a claim settlement on a totaled vehicle it is on the basis that they are essentially buying the vehicle from you. They will then sell the salvage to try to recoup some of their money. In some cases you can buy back the vehicle for what the insurance comapny could have sold the salvage for, but in most cases this is not a good decision. You would still have to sign over the title to the insurance company. They would then apply for a salvage title in their name. Then the would sign the salvage title back over to you. You would then have to have all of the repairs completed and then take the vehicle to a state inspection facility where you will pay for a roadworthyness inspection. If the vehicle passes you can then have the title put back in your name but it will always be stamped salvage or rebuilt. Then will cause the vehicle to only be worth about half of standard value.

I hope this helps
Richard Hixenbaugh