When a Car Is a Total Loss in Illinois
How Illinois decides a car is a total loss, salvage title rules, and how to complain about a claim.
Short answer: When an insurer pays a total loss claim, the insurer is deemed the owner and the vehicle is salvage; 625 ILCS 5/3-117.1(b)
| Total loss rules | When an insurer pays a total loss claim, the insurer is deemed the owner and the vehicle is salvage; the insurer must send the title, application and fee to the Secretary of State within 20 days and a salvage certificate is issued in its name. The owner may keep the vehicle by agreement with the insurer only if it has hail damage that does not affect operational safety or is 9 model years old or older. Insurers paying a theft total loss need not apply for a salvage certificate unless the vehicle is recovered with damage that would have made it a total loss. Source: 625 ILCS 5/3-117.1(b) |
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| Complaints about an insurer | File a complaint with the Illinois Department of Insurance online through the IDOI Help Center (https://idoihelpcenter.illinois.gov/s/), or email or mail the Auto/Home/Property/Commercial Complaint Form. Offices: 115 S. LaSalle Street, 13th Floor, Chicago, IL 60603, (312) 814-2420; 4800 Wabash Avenue, Springfield, IL 62711, (217) 782-4515. |
More Illinois car insurance & vehicle laws
- Minimum Car Insurance in Illinois
- Driving Without Insurance in Illinois
- SR-22 Insurance in Illinois
- Transferring a Car Title in Illinois
- All Illinois car insurance & vehicle laws rules
FAQ
When is a car a total loss in Illinois?
When an insurer pays a total loss claim, the insurer is deemed the owner and the vehicle is salvage; the insurer must send the title, application and fee to the Secretary of State within 20 days and a salvage certificate is issued in its name. The owner may keep the vehicle by agreement with the insurer only if it has hail damage that does not affect operational safety or is 9 model years old or older. Insurers paying a theft total loss need not apply for a salvage certificate unless the vehicle is recovered with damage that would have made it a total loss.
How do you file a complaint against a car insurance company in Illinois?
File a complaint with the Illinois Department of Insurance online through the IDOI Help Center (https://idoihelpcenter.illinois.gov/s/), or email or mail the Auto/Home/Property/Commercial Complaint Form. Offices: 115 S. LaSalle Street, 13th Floor, Chicago, IL 60603, (312) 814-2420; 4800 Wabash Avenue, Springfield, IL 62711, (217) 782-4515.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.