What do I do with a car that will be totalled while I wait for the final decision from the insurance company?

UPDATED: Nov 7, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What do I do with a car that will be totalled while I wait for the final decision from the insurance company?

The police report states the other driver was in violation (ran a red light) but her insurance company has not accepted liability. Storage charges are accruing which the claims agent states we will have to pay, but can we sell or give a car to a junkyard when it will be totalled, meaning, I believe, that the insurance company buys the car?

Asked on November 7, 2011 under Accident Law, West Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have been in an automobile accident where your vehicle has been deemed a total loss by your claims representative, you need to defer to him or her.

You will be paid its fair market value at close most likely by your inurance carrier and the carrier should be obligated to take care of the vehicle as to its disposal and should pay for its disposal, not you.

If you suffered a personal injury as the result of the accident, you might wish to consult with a personal injury attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption