Reader’s Question:

I got involved in an accident where my car got totaled. I was thinking that instead of buying another car, I’d buy my totaled car back from the auto car insurance company. Would that be possible? Thanks.

Ricky

Chicago, IL

Regarding your first question, as per Illinois laws applicable in your case, you may not be able to buy back your totaled car. As stated by the Illinois Department of Insurance, a resident is normally not allowed to retain a vehicle when it has been cleared as a total loss. You are not allowed to keep whatever is left of your car should the auto car insurance company declare it a total loss, as per the Illinois Vehicle Code. This measure is done by the state of Illinois to avoid what is called “chop shop” crime.

However, having said that, there are actually two instances in which Illinois laws do allow an automobile owner to salvage his/her vehicle after having it totaled:

1. If the car has suffered only damage from hail, and it does not hinder the operational safety of the car.
2. If the car is 9 model years old or more.

(In the above instances, a salvage certificate should be filed with the Secretary of State.)

Therefore, the state, through the auto car insurance company, has the right to determine if your vehicle is still fit for its operational safety and road worthiness. They basically won’t allow for hazards on the streets or on its citizens. And they surely won’t allow you to suffer another bout of serious accident, would they?

So, if your car does not meet the above requirements, consider having just a portrait of your totaled car to remind you of such happy memories.

Tags: Car Insurance Company, car insurance law