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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Nov 16, 2011

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Insurance Question from Crescent City, CA

Asked on 11/16/2011

auto accident My car was in an accident, was not my fault, I want to buy my car back from the insurance company that is totaling my car out, but they said no. Can I force them to sell me my car back? I have not setteled the claim yet.Michael

Answer given on November 16, 2011

Auto insurance in California does usually allow the owner of a car that is considered a total to buy the salvage back from the insurance company. If you are willing to pay the amount the insurance company would get for the salvage from some other company, it seems they should be willing to sell it to you.However, the insurance company may not be willing to insure a salvaged car, so that may be why they are saying they will not sell you the salvage. You should talk to your insurance agent or the adjuster to see why they are unwilling to sell the salvaged car back to you. If it is because they won’t insure a salvaged car, then you have to decide if you want to find another insurance company which will insure the car, or if you want to stay with the company you have, you will have to let the car go.If you do get the car insured, the value of the car will be reduced since it was a total. Also, the title will show that the car is a salvage.

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