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If my car is totaled by the insurance company can I still drive it- insured?

Asked over 2 years ago - Seattle, WA

I was in an accident, their fault, and they took all responsibility. I have a loan out on my car and if it gets totaled out I will still have to pay the balance can I still drive the car? Or should I just turn it over to the loan company along with the payout from the insurance co?

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Attorney answers (2)

Lars A. Lundeen

Reputation Level 20

Answered over 2 years ago. Personal Injury Lawyer in Rutland, VT.

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Unfortunately, I do not think that your loan company would accept the vehicle and the payment from the insurance company. The loan company is going to expect full repayment of their loan, regardless of what happens to your vehicle.

You may find it helpful to review one of the Legal Guides I have published on Avvo.com, which deals with auto property damage claims and gap insurance.

Legal Disclaimer:

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

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Steven L Shaw

Reputation Level 9

Answered over 2 years ago. Car / Auto Accident Lawyer in Bellevue, WA.

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Insurers sell vehicles that have been deemed "totaled" all the time, to collect the salvage value. The cars are then given the status "rebuilt" on the title and if they pass inspection by the Highway Patrol, they can be titled. I suggest calling the Department of Licensing and the Washington State Patrol to find out more about the process.

From a legal standpoint, as long as the car can be made safe to drive, you can keep driving it. As for selling it, there are some stringent reporting requirements.

Reference Revised Code of Washington 46.37, 46.70.180 and 46.70.101(1)(b)(xi); also see Washington Adminstrative Code 308-56A-460 and 308-58-040.

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