Reston, VA asked in Car Accidents and Insurance Defense for Pennsylvania

Q: In PA, what can a person do who wants to keep their car from being declared a total loss?

I was rear-ended and pushed into a car in front of me. The insurance co of the guy who hit me wants to declare my car totaled. I believe they are undervaluing my car. They also are including repairs in the cost that are not necessary to make it able to pass a vehicle safety inspection. What options do I have

1 Lawyer Answer

A: They may be doing you a favor. First, if you were hurt, contact a member of the Pennsylvania Assn for Justice--we give free consults, just like I'm doing now. In Pennsylvania it is the option of the company to pay or total the car out. If you want to keep it you can buy it back for salvage value. They don't have to pay the cost of repairs above total value, nor do they have to pay replacement value. Understand if you keep the car and it doesn't run that's on you. You could see if they will agree to the total loss value (plus sales tax),give that to you AND you get to keep it if yoiu think you can fix it. If they do,they will want you to give them the title so they can reissue it as a total loss title. No you don't get to keep the car and get all the money, and get a clean title. Doesn't work that way.Call if you have more questions.

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