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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34941
Experience:  16 yrs. of trial experience
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If a car gets totaled and an offer is accepted for the value

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If a car gets totaled and an offer is accepted for the value who gets to keep the salvage?

My 2003 camry was totaled and an offer of 8851 was made by the other insurance company. I could buy the car back for 2964. Camries are such dependable cars they rarely are listed for sale. My vehicle was well maintained and was hit in the left rear crumpling the bumper, breaking the glass for the lights, and denting the trunk. The car drives just fine even on the freeway. The claims adjuster did not mention frame damage or that the car might be unsafe to drive last week when I took the car in. He said he had to send the estimate to the mainland and I would hear from someone this week. I received a call from the mainland office telling me there was frame damage and the car was totaled.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

That is up to negotiation

If the insurance company "totals" the car, that means they have made a determination that the cost to repair exceeds the value of the car. So one would expect them to pay out the value of the car, as provided for in the policy.

Now....once they do so, they would own the car. They pay you the value? They keep the car

But you can negotiate this.

For example, you may offer to pay them (or they pay you less) so you keep the car. That is certainly negotiable and if you can negotiate an amount you can keep the car

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