Posted on June 8, 2020 written by Jane Paulson
Vehicle accidents in Oregon can be devastating for victims. Not only do those involved in car accidents have to deal with the possibility of injuries, but they will also have to deal with damage to their vehicle. For severe accidents that result in extensive damage to a vehicle, the insurance company may make the determination the vehicle is not worth the cost involved to repair it. In these cases, the vehicle will be considered a “total loss.” But, who makes the determination as to what it means that a car is “totaled,” and how is the value determined?

By law, car insurance carriers in Oregon must:
In general, most car insurance carriers will determine that a vehicle is not worth repairing if the repair cost will be more than a certain percentage of the vehicle’s actual cash value (ACV). Typically, this is around 80% of the vehicle’s ACV.
To determine a vehicle’s actual cash value, insurance carriers will use the year, model, make, mileage, and overall condition of the vehicle. Insurance carriers will typically use their own software when they are determining the actual cash value of your car. While you, as the insured, will not have access to their programs, you can use various resources available to consumers and get an idea as to whether the insurance carrier is offering a fair amount. This includes evaluation services provided by Kelley Blue Book, Edmunds, Auto Trader, and other widely used vehicle appraisal services.
If you have any receipts that show recent repairs or upgrades to your vehicle, this can be used in computing the total replacement cost. For example, if your vehicle has a new engine, transmission, tires, this could push your vehicle’s value upward.
If the insurance carrier in Oregon has determined your vehicle is a total loss, then you will have two options:
If you accept the full settlement, the insurance will pay the agreed-upon amount, and you will sign over the car title to your insurance carrier. You will no longer be responsible for your vehicle.
In this scenario, the insurance carrier will pay you partial damages, but you will keep the vehicle. You will then be able to sell the salvage vehicle to a scrap dealer, vehicle recycler, or vehicle dismantler. You could also choose to apply for a salvage title in Oregon, repair the vehicle and have it inspected, and get the vehicle re-titled for use on the roadway.
Call us today to speak with our Portland car accident attorneys.
This page has been written, edited, and fact-checked by our team of legal writers in accordance with our editorial guidelines. It has been approved by partners Jane Paulson and John Coletti—respected trial attorneys with decades of experience representing personal injury victims.
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