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Got into a discussion with a friend and we both ended up scratching our heads. I'm sure laws differ state to state, but maybe someone can shed some light on this.
Car A is in an accident with Car B. Driver of Car B is at fault and their insurance totals out Car A. However, DOT inspects Car A and deems it safe for road use. Car A is given a salvage title and is not repaired.
Car A is sold to someone else under the salvage title. No repairs to Car A were done. Car A is struck by Car C and destroyed in the accident. Driver of Car C was at fault.
Can Car A be totaled out again by Car C's insurance? Is the value affected by the salvage title?
All info is appreciated. Have done a lot of searching on the 'net and there are no clear answers to this. Thanks.
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-Justin, Owner of a 1995 Ford F-150 XLT, 4x4, 5.8L EFI351, E4OD trans, ext. cab, short box.
Couldn't the DOT just review the car again and deem it safe and it would retain its salvage title?
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When an insurance company totals a car, they basically give you what they deem to be the market value of the car, based on some information that I never could figure out (when it happened to me).
If the car were indeed usable, and again wrecked, and the next insurance company "totaled" it, I suspect they again would pay what they deemed to be the value of the car, and I'm sure the salvage title and previous existing damage would be taken into consideration. So I'm sure the value the second time would be significantly less.
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David Chamberlain
2004 F-250 SD, 4x4 FX4, 6.0L PSD
Oregon Chapter Member: To join the Oregon Chapter, click HERE
A car actually can be totaled without affecting its road safety, just it's dollar value. But as mentioned, it would have a salvage title, which would greatly reduce it's value, and therefore, any payout should it be resold and wrecked again. I had a truck that got flipped, totaled, I bought it back, fixed the roof and glass, and continued to drive it. I did not carry anything more than liability on it though, so it wouldn't have mattered, but if the damage is not fixed, the insurance company will not pay for prior damage, only the new damage, so the value is already less.
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if a vehicle is "totaled" here in jersey, it can not be registered or driven until it is fully repaired and inspected by the state police for roadability. after it passes inspection, it is given a salvage title. if the vehicle is "totaled" again, the insurance company will payout, but usually at 1/2 the value of the car due to the salvage title.
but now for the loophole. you will only get a payout for a totaled vehicle one time. if you buy the car repaired from someone and it is wrecked, then you will get a payout.
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Tom
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owner of almost too many fords.
A few years ago I was driving a 1990 Chevy Lumina. I got rearended. Cracked bumper and scratched paint. The damage was more than the car was worth. The insurance company totaled it and gave me 80% since I kept the car. A year later, in the same car, I was hit in the front while waiting at a red light. Same deal, damage was more than car was worth. Totaled it and got a check for 80% of value of car. Kept the car for another year before I sold it. Neither accident affected the performance or safety of the car, and it was always driveable. It was just cosmetic damage. As far as I know the title was not affected. I sold it to a guy at work, and he never had any complaints about it.
For example: My 2004 Scion xB was written off as a total loss, due to hail damage.
Original damage was $5400.00, but, when the body shop saw that there was damage to the liftgate/hatch, they went so far as to circle the individual 'divets' and added the cost of the rear door/hatch to the cost.
This put the damage above 70% of the 'calculated value' of the 'box'.
Insurance company said that they'd give me (at first) $7,000 for the xB.
NOT!
I told them that they weren't even close to the value of that car and that I'm not settling.
They then offered $8,000.
NOT!
I told them that KBB, Edmunds, and NADA all valued that car higher.
(The car was in showroom condition until the hailstorm!)
I told them that I would not take a penny less than $9,500.00.
After producing the original bill of sale, the insurance company wrote me a check for $9,800 and change.
They said that I could make an offer, and buy-back the car.
I made an offer for $1,000.00.
They said they'd take $2,600.00.
They have the car.
One dealership said that once a "Salvage Title" was issued on that car, then no respectable dealership would 'touch' that car.
I signed a "Power of Attorney" doc (as instructed by insurance company) and did not sign the "Clear Title" (again, as instructed by ins. co.).
I'm certain (but have no proof) that this car was taken to another state and sold a couple of times, and a 'clean' title issued.
I'm also certain (again, with no proof) that the insurance company made some $$$ on the final disposition of this car.
Mechanically, this car was perfect. It did, however, look like a dark gray golfball!!!
__________________ Keith
"No arsenal, or no weapon in the arsenals of the world, is as formidable as the will and moral courage of free men and women." - Ronald Reagan
For example: My 2004 Scion xB was written off as a total loss, due to hail damage.
Original damage was $5400.00, but, when the body shop saw that there was damage to the liftgate/hatch, they went so far as to circle the individual 'divets' and added the cost of the rear door/hatch to the cost.
This put the damage above 70% of the 'calculated value' of the 'box'.
Insurance company said that they'd give me (at first) $7,000 for the xB.
NOT!
I told them that they weren't even close to the value of that car and that I'm not settling.
They then offered $8,000.
NOT!
I told them that KBB, Edmunds, and NADA all valued that car higher.
(The car was in showroom condition until the hailstorm!)
I told them that I would not take a penny less than $9,500.00.
After producing the original bill of sale, the insurance company wrote me a check for $9,800 and change.
They said that I could make an offer, and buy-back the car.
I made an offer for $1,000.00.
They said they'd take $2,600.00.
They have the car.
One dealership said that once a "Salvage Title" was issued on that car, then no respectable dealership would 'touch' that car.
I signed a "Power of Attorney" doc (as instructed by insurance company) and did not sign the "Clear Title" (again, as instructed by ins. co.).
I'm certain (but have no proof) that this car was taken to another state and sold a couple of times, and a 'clean' title issued.
I'm also certain (again, with no proof) that the insurance company made some $$$ on the final disposition of this car.
Mechanically, this car was perfect. It did, however, look like a dark gray golfball!!!
1st up, I am glad you did not take the first offer from the insurance!
Insurance companies make BIG BUCK$ with the 1st low offer and most people take it. If I could only give 1 bit of advice to anyone with a totaled vehicle it would be "DON ACCEPT THE 1st OFFER". Let me put my soap box aside now.
You say you signed a special power of attorney document (I ASSuME over your car). Who had "control over the car after you signed? You say you did not sign the title over to anyone?
You could always run the VIN and find out if the car was sold as a total or not. If this is the case, some "crookery" has taken place. I would like to know myself now. Isurance companies are not in the business of losing money. I am sure they made out, they always do.
__________________ Ian, 1 each (That's my nomenclature so don't wear it out) 97 F350 7.3L Auto 4WD Crew Cab 230K (Cali model bummer). MODS: HOOOOGA! horn, 6637, Service/Utility bed, 3" DP, Testing that Cat, 120v IDM. US ARMY OAS, OJE-IFOR, SFOR,2,5, OJG-KFOR, OIF, OEF. To ALL that have served, THANK YOU!
I don't consider it actual "crookery" but more like unmoral acts, since they're technically following the laws, just stretching them to the max. But as you said, they're not in the business of losing money, that's for sure. And I'm in agreement with most everyone here, vehicle A would be deemed totaled the first time, then totaled again after the second wreck at a salvaged title deduction.
Everything up to the insurance company, imo.
The insurance company "totaled" my truck once over a smashed bed (wstraight frame still). I bought the truck back ($1,500) and put a NEW bed on it. (pics on my profile page) Since the vehicle was over 10 years old it would not show up on the title. With proof of repair the insurance view the vehicle in good condition and is worth more than 1.5K I "bought it for".
The "Motor Vehicle Agency" only cares about the safety inspection sticker and insurance then they will issue tags so you can drive on the street. The hang up is with the insurance. If you can show the worth of the vehicle then they will insure it (at the right price). I mean you can insure ANYTHING at the right price. You can insure a 1978 Datsun B210 for $200K (like a dragster or something) but is going to cost ya.
__________________ Ian, 1 each (That's my nomenclature so don't wear it out) 97 F350 7.3L Auto 4WD Crew Cab 230K (Cali model bummer). MODS: HOOOOGA! horn, 6637, Service/Utility bed, 3" DP, Testing that Cat, 120v IDM. US ARMY OAS, OJE-IFOR, SFOR,2,5, OJG-KFOR, OIF, OEF. To ALL that have served, THANK YOU!
If Kieths car was totaled and it was then 10 years old (I know Marylands law) it can only be sold with a "totaled" title. The Totaled title will follow it to the grave.
__________________ Ian, 1 each (That's my nomenclature so don't wear it out) 97 F350 7.3L Auto 4WD Crew Cab 230K (Cali model bummer). MODS: HOOOOGA! horn, 6637, Service/Utility bed, 3" DP, Testing that Cat, 120v IDM. US ARMY OAS, OJE-IFOR, SFOR,2,5, OJG-KFOR, OIF, OEF. To ALL that have served, THANK YOU!
A buddy of mine destroyed the front end of his new pickup 6 months after getting it, the insurance company totalled it, he bought it back and repaired it. A few years ago he was t-boned again and the insurance adjuster didn't even look at the truck, they just sent him a check saying it had been totalled. MT doesn't have any inspections or anything like that. The 2nd check was a few dollars more than KBB said the truck was worth so he didn't contest it.
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2011 F150 XLT 5.0 RC/SB 4x4 Blue
GE Dash 9-44CW
A buddy of mine destroyed the front end of his new pickup 6 months after getting it, the insurance company totalled it, he bought it back and repaired it. A few years ago he was t-boned again and the insurance adjuster didn't even look at the truck, they just sent him a check saying it had been totalled. MT doesn't have any inspections or anything like that. The 2nd check was a few dollars more than KBB said the truck was worth so he didn't contest it.
Does he still have it? Did the insurance company pick it up?
__________________ Ian, 1 each (That's my nomenclature so don't wear it out) 97 F350 7.3L Auto 4WD Crew Cab 230K (Cali model bummer). MODS: HOOOOGA! horn, 6637, Service/Utility bed, 3" DP, Testing that Cat, 120v IDM. US ARMY OAS, OJE-IFOR, SFOR,2,5, OJG-KFOR, OIF, OEF. To ALL that have served, THANK YOU!
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Mark
