Results 1 to 3 of 3
  1. #1

    Default If Your Car is Totaled in an Accident Can You Keep the Wrecked Car

    My question involves an injury that occurred in the state of: CA

    So my question is this if for example you car is worth $3000 (blue book) and your estimate for repairs are $3300, $3500 and $3600 and the other person is at fault. The other guys insurance company would say we will give you $3000 minus salvage value or give you $3000 and they will take the car, right.

    But if you go to small claim court and the car is repaired at $3300 wouldn't you be entitle to collect up to the value of your car or $3000, but you are allow to keep your car, right???

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: If Your Car is Totaled in an Accident Can You Keep the Wrecked Car

    In small claims court you can collect the lesser of repair value or replacement value. If you seek depreciation of the repaired value, then it's the lesser of (repair + depreciation) and replacement value. You don't get more than replacement value, as you can take that money and buy an equivalent, undamaged car.

    If you make a claim through an insurance company for a totaled vehicle, the insurance company will take the vehicle. You can negotiate to purchase it from them, if you choose.

    If you don't make a claim through an insurance company you can seek a money judgment and you may end up with both the money and the car -- but you have to collect the money from the defendant, which isn't necessarily going to be easy and is often difficult when there's no insurance company on the hook to pay off the damages. If the defendant is savvy or is represented by counsel (or advised by counsel for a small claims case), and you are awarded reasonable replacement value, odds are the defendant will ask the judge to deduct the vehicle's salvage value from any amount of money awarded to you.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: If Your Car is Totaled in an Accident Can You Keep the Wrecked Car

    Quote Quoting xmogal
    View Post
    My question involves an injury that occurred in the state of: CA

    So my question is this if for example you car is worth $3000 (blue book) and your estimate for repairs are $3300, $3500 and $3600 and the other person is at fault. The other guys insurance company would say we will give you $3000 minus salvage value or give you $3000 and they will take the car, right.
    Right.

    Quote Quoting xmogal
    View Post

    But if you go to small claim court and the car is repaired at $3300 wouldn't you be entitle to collect up to the value of your car or $3000, but you are allow to keep your car, right???
    As Mr K points out, chances are that the court would also deduct salvage value from the award.

    CA small claims court does not allow attorney representation in court but, if you are suing a driver who has insurance, you can bet that the insurance company will thoroughly advise the insured on how "book value" and "salvage value" are determined.

    1. Sponsored Links
       

Similar Threads

  1. Replies: 1
    Last Post: 01-28-2016, 03:23 PM
  2. Determination of Fault: What to Do After a Bad Accident, Car Totaled
    By hankmcfarson in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 06-07-2012, 03:26 AM
  3. Auto Insurance: Car Accident in an Almost New Vehicle - Repair vs. Declaring it Totaled
    By spsatham in forum Insurance Law
    Replies: 2
    Last Post: 05-23-2010, 09:06 AM
  4. Auto Insurance: Car Accident, Car Totaled
    By 72Dodge in forum Insurance Law
    Replies: 3
    Last Post: 06-23-2009, 02:28 PM
  5. Traffic Accidents: Auto Accident with Injuries and Totaled Car
    By Eimi in forum Accidents and Injuries
    Replies: 1
    Last Post: 09-04-2007, 09:43 AM
 
 
Sponsored Links

Legal Help, Information and Resources