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what if insurance company
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Post what if insurance company 
says ur car must get salvaged after a wreck
butttttt maybe car could be fixed
can u be like no, ima fix it, f u insurance

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Yours or theirs?

If their insurance, tell them you are going to get your car fixed and sue their client for the cost. Remember, YOU own the car, the insurance company does not. Do not let them have the title either. So no, you do not have to allow them to total the car, but if your insurance they may refuse full coverage until it's inspected. If your insurance, they may tell you they aren't covering more than the payout would be for totaling the car. My dad has done this with a truck he had, should have been totaled three separate times for various reasons, but he made them pay and did not get the truck totaled. His insurance on one, someone else's on the other two.

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their insurance
their dude smashed me
then said hey ur cars totaled and u must get a salvage title

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Pro wrote:
their insurance
their dude smashed me
then said hey ur cars totaled and u must get a salvage title


It also depends on which state you live in and have the car titled in. Each state does salvage title in it's own way.



Last edited by 97k15004wd on Sun Nov 27, 2016 6:16 am; edited 1 time in total
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(B) If a vehicle is acquired by an insurance company in settlement of a claim to the vehicle by fire, flood, collision, or other causes, or is left with the claimant after being declared a total loss by the insurance company, the company or its agent immediately shall deliver to the department the certificate of title together with a report indicating the type and severity of damage to the vehicle. At such time as the insurance company may thereafter transfer the damaged vehicle, the company or its agent shall notify the department to whom the transfer was made on a form prescribed by the department. Notwithstanding another provision of law, when an insurance company obtains title to a vehicle from settling a total loss claim, the insurance company may obtain a title to the vehicle designated as "salvage". The insurance company must pay the title fee contained in Section 56-19-420.

(E) If a salvage vehicle is rebuilt, a regular certificate of title may not again be issued except upon submission of an application stating that the vehicle has been rebuilt and containing the information ordinarily required by the department for the issuance of a certificate of title as well as any information the department may require about the identity of the vehicle, the source and cost of any parts used in, and the extent of any repairs or other work done to the vehicle. In addition, the department may require the vehicle to undergo an inspection by the Highway Patrol or someone authorized by the department to check the identity or the safety of the vehicle, or both. Any regular certificate of title issued by the department for a previously salvaged vehicle must be annotated to show that the vehicle was "salvaged-rebuilt" and the reason why the vehicle was salvaged.

(F) The manufacturer's serial plate or vehicle identification number (VIN) plate must remain with the vehicle at all times until the vehicle is shredded, crushed, melted, or otherwise destroyed.

(G) For purposes of this section, a "wrecked vehicle", a "salvage vehicle", and a "vehicle declared to be a total loss" are all synonyms and are defined to be any motor vehicle which is damaged to the extent that the cost of repairing the motor vehicle, including both parts and reasonable market charges for labor, equal or exceed seventy-five percent of the fair market value of the motor vehicle. The provisions contained in this section do not apply to a motor vehicle that has a fair market value of two thousand dollars or less, or an antique motor vehicle as defined by Section 56-3-2210. When an insurance company is involved, the fair market value of the vehicle must be determined as of the date immediately before the event which gave rise to the claim. When an insurance company is not involved, then the fair market value must be determined as of the last day on which the vehicle was lawfully operated on a public highway or the last day on which it was registered, whichever is later.

(H) A person violating any provision of this section is guilty of a misdemeanor and, upon conviction, for a first offense, must be fined not less than two nor more than five hundred dollars, or imprisoned for not more than thirty days, or both. For a second or subsequent offense, the fine must not be less than five hundred dollars and not more than one thousand dollars or imprisonment for not more than one year, or both.

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Speeder wrote:
Remember, YOU own the car, the insurance company does not. Do not let them have the title either.


He may have no choice but to give them the title if he wants the check.

Ins. Co may be required by laws in his state to take the title, just like in SC.

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Speeder wrote:
but he made them pay and did not get the truck totaled.


This is the way to go if you can.......

Then no title issues, etc......

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97k15004wd wrote:
Speeder wrote:
Remember, YOU own the car, the insurance company does not. Do not let them have the title either.


He may have no choice but to give them the title if he wants the check.

Ins. Co may be required by laws in his state to take the title, just like in SC.


Only if he has no choice on the check. If you have the cash to build it yourself and don't mind waiting on a lawyer to get the money back, then that is inapplicable. The other driver's insurance company contracts with the other driver, not with Pro, and Pro is not compelled to deal with the other person's insurance company. However, if Pro should win his case, the other driver's insurance company must pay to the limits of the policy because they ARE contracted to the other driver. If the other driver loses the case, then his insurance is responsible. In this case, even if the cost to repair was several times the value of the car's value then he would be able to collect. Of course, the judge may cap the payout to the car's value. Going this way though, the vehicle would not get a salvage title, but you'd get the full payout minus lawyer's fees. The insurance company might also just pay the bill for the repair and not demand the title so they avoid the whole court thing.

Really though, is the car worth the trouble? Very few cars are worth the extra hassle.

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Pro did you rack up the Camaro? Glad you're OK.

peace
Hog

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Pro wrote:
their insurance
their dude smashed me
then said hey ur cars totaled and u must get a salvage title


Do they know it is a TBIā„¢?
Cause maybe they don't know how to read under the hood.

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