Auto Insurance Claims: total loss settlements, salvage title, state inspector

Question
I have a car that was recently in a accident.  I hit a rail guard on the tollway and did some minor damaged.  The state trooper did not allow me to drive the car although it was driveable.  It was towed away.  The insurance are saying that it is a total loss, but I really don't see it that way, not even a headlight is broken. They are offering me a settlement, but my question is can I, by law keep my car if I wish to?

Answer
Hi Jaime,

A vehicle will generally be declared a total loss it the cost to repair it exceeds 70% of its value.  In some states this is a requirement. It may be possible to keep the vehicle, however, the process can be very difficult. Usually you will still have to sign the title over to the insurance company. They will apply for a salvage title in their name. They will then sign the title back over to you. You would then have to have the vehicle repaired and present the vehicle to a state inspector to determine if it is road worthy. Generally you will have to pay for this inspection about $150.00.  If your vehicle passes the inspection, you will then be ablr to re-title the vehicle in your name, however the title will always have a "Salvage" stamp on it which will render the vehicle to be worth only about half of the standard value. If all this is not bad enough, the insurance company will deduct from your settlement, the amount they could have received selling the salvage.

I hope this helps
Richard Hixenbaugh