Who Owns the Vehicle After It Is Declared a Total Loss?
1 Answers
After a vehicle is declared a total loss, it belongs to the insurance company. Below are specific details about declaring a vehicle a total loss: Constructive Total Loss: A constructive total loss refers to a situation where an actual total loss is unavoidable, or the residual value of the damaged vehicle, plus the costs of rescue, arrangement, and repair, exceeds its actual value, in which case it is considered a total loss. A constructive total loss is the opposite of an actual total loss. The insured vehicle is not completely destroyed after being damaged and can be repaired, but the cost of doing so would exceed the actual value of the salvaged vehicle, making it not worth the effort. Determining Factors: A constructive total loss is not a true total loss. The damaged vehicle can be repaired, and considering factors such as frugality and emotional attachment to the old car, even though the repair cost of the damaged vehicle is higher than the actual value calculated based on depreciation, the owner may still want to repair and continue using it. If the general total loss procedure is still followed, where the insurance company deducts the residual value or takes possession of the damaged vehicle, it would be unfair and unreasonable to the owner.
