Will I need to transfer my vehicle title to the insurance company if my vehicle is considered a total loss?
In most total loss claims, you sign the title over to the insurance company once you accept their settlement, since they are essentially buying the vehicle from you at its fair market value. You generally keep the title until you agree to the payout amount, and you can negotiate before signing anything over.
Most often, you will transfer the title of your vehicle to the insurance company if your car is a total loss. While you have the right to keep a car that is considered a total loss, it is important to know that in most cases, the car will frequently be issued a salvage title.
Why Transfer the Title to an Insurance Company
If your car is totaled in an accident and the insurance company is responsible for paying your damages, the insurance company will pay you fair market value for your car. This means that the insurance company will buy your car from you. Accordingly, you will provide the title of the car to the insurance company so that the insurance company can send the car to be salvaged and auctioned.
If your vehicle is a lease or is financed, your vehicle finance company must also release its interest in your vehicle, which will require the insurance company to pay off the balance owed. Once the finance company is paid in full, you will receive any money that remains beyond the finance company’s remaining balance on the vehicle.
How to Transfer the Title to an Insurance Company
Once you agree on the fair market value for your totaled vehicle, it time to transfer title to the insurance company.
Generally the insurance company will send you a packet with step by step instructions on signing the vehicle over. You will need the physical copy of your title. The car title should be in your possession if you own your car with no financing or your loan company should have your car title if you are financing your vehicle. Once the title is located, you and the insurance company representative will need to fill in the:
- Odometer reading
- Date of sale
- Value of the sale.
Additionally, you will need to sign the title as the seller, and the insurance company will need to sign the title as the buyer.
Get Legal Advice Before Transferring the Title to the Insurance Company
You are transferring your ownership interest to the insurance company. Therefore, if you believe that the insurance company’s offer is too low, then you should not accept it. The fair market value of your car should take into account the model year, make, mileage, and condition of your vehicle. If you are offered an insurance settlement that does not reflect fair market value, then you should continue to negotiate your insurance settlement while the title to the car is still in your name.
An experienced Personal Injury Attorney can help you with this and with all other aspects of your car accident settlement. If you’ve been involved in a car accident resulting in a totaled vehicle, it’s important to know your rights. Contact us online today or call us directly at 1-866-625-2529.
Frequently asked
Can I keep my car if it's declared a total loss?
Yes, in many cases you can keep a totaled vehicle, but the insurance company will typically issue it a salvage title and may deduct the salvage value from your settlement.
What if I still owe money on my totaled vehicle's loan or lease?
If your car is financed or leased, the insurance company generally pays your lender directly to satisfy the remaining balance, and you receive any funds left over after that payoff.
What should I do if the insurance company's total loss offer seems too low?
You are not required to accept an offer that doesn't reflect your car's fair market value based on factors like mileage, age, and condition, and you can continue negotiating before transferring the title; speaking with a personal injury attorney can help you evaluate the offer.
Attorney Advertising. This article is general information, not legal advice, and does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.