Total Vehicle Loss

 

Oregon Total Vehicle Loss Attorney

 

What is a Totaled Vehicle? A vehicle is considered “totaled” or a “total loss” when the price to repair the vehicle after an accident exceeds the market value of the vehicle or if a vehicle is stolen and not recovered within 30 days. See ORS 801.527 Insurance companies often consider a vehicle a total loss if cost to repair the vehicle is equal to at least 80 percent of the retail market value of the vehicle prior to the damage.

If my vehicle is totaled in an Oregon accident, do I have to sign a release with the insurance company to get reimbursed for my totaled vehicle?
No. The insurance company is supposed to pay you the undisputed amount of your vehicle without requiring you to sign a release. You will need to transfer the title of the vehicle to the insurance company and allow them to relocate the vehicle. See ORS 742.558 If the insurance company requires that you sign a release to receive a check for the value of your vehicle, you should contact an attorney at Clark Law & Associates, LLC, (503) 238-1010.

What if I want to keep my totaled vehicle?
Sometimes, people wish to keep their totaled vehicle because it still runs or it is economical for them to work on the vehicle themselves. If you wish to keep your totaled vehicle, insurance companies will deduct the salvage value of your vehicle from what they calculate to be the value of your vehicle.

What if I do not agree with the value that the insurance company puts on my totaled vehicle? You are entitled to any valuation reports relied on by the insurance company to determine the vehicle value. See ORS 742.554

Useful Oregon Governmental Links

Oregon Department of Consumer and Business Services

Oregon.gov Vehicle Total Loss Notice

Consumer Guide to Auto Insurance

Oregon Insurance Division

What are some applicable Oregon Statutes

ORS 731.246, ORS 746.005 to 746.270, ORS 746.230, ORS 746.240, ORS 746.280, ORS 742.466, ORS 742.280

What are some applicable Oregon Administrative Rules?

OAR 836-080-0240 Standards for Prompt Fair Total Loss Settlements- Automobile Insurance

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