Can you keep your totaled car and payoff money in texas?

by jodene222 » Fri Sep 24, 2010 08:10 pm

My sister in law totaled her car in texas. She received a check from the insurance company and refused to give them the keys to her totaled car. She said it was her car, she owned it and kept it PLUS the check she received. She claims this was her right and few people know about it. Is this true for Texas?

Total Comments: 3

Posted: Fri Sep 24, 2010 09:18 pm Post Subject:

Well, she can keep the car alright, but she's not entitled to all of the money she was paid. The check she received was for the actual cash value (ACV = replacement cost minus depreciation) of the vehicle. In order to keep the car, she needs to pay the insurance company the salvage value of the vehicle. Had she mentioned her intent to the insurance company, they would have simply deducted that amount from the check they sent, and the whole affair would be over.

Now, however, if she fails to (1) pay the insurance company or (2) fails to turn the car over to the insurer, she has technically (3) committed a theft. Before the insurance company seeks assistance from the local law enforcement agency, it will most likely attempt to repossess the vehicle.

She can save herself a lot of grief by doing things right.

Posted: Mon Sep 27, 2010 03:29 am Post Subject: Best Auto Insurance

Post edited and link deactivated as per the TOS

Posted: Mon Sep 27, 2010 10:47 am Post Subject:

I do understand that the insurance co. will try to repossess the vehicle. What I'm not sure is the role that the local law enforcement agency will play in it.

Add your comment

Enter the characters shown in the image.
This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.