When a Car Is a Total Loss in West Virginia
How West Virginia decides a car is a total loss, salvage title rules, and how to complain about a claim.
Short answer: A "total loss" is a vehicle with damage equal to 75% or more of its market value (per a nationally accepted used car value guide), or a flood-damaged vehicle. W. Va. Code § 17A-4-10
| Total loss rules | A "total loss" is a vehicle with damage equal to 75% or more of its market value (per a nationally accepted used car value guide), or a flood-damaged vehicle. When paying a total loss claim, the insurer must require the owner to surrender the title (the owner may choose to keep the vehicle), determine whether the vehicle is repairable, cosmetically damaged or nonrepairable, and within 10 days of payment send the title and claim settlement to the Division of Motor Vehicles for a salvage certificate. Source: W. Va. Code § 17A-4-10 |
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| Complaints about an insurer | File with the West Virginia Offices of the Insurance Commissioner using the Online Consumer Complaint Form or the Property and Casualty Consumer Complaint paper form; the Property and Casualty Consumer Services Unit handles auto insurance. Toll-free 1-888-TRY-WVIC (888-879-9842). |
More West Virginia car insurance & vehicle laws
- Minimum Car Insurance in West Virginia
- Driving Without Insurance in West Virginia
- SR-22 Insurance in West Virginia
- Transferring a Car Title in West Virginia
- All West Virginia car insurance & vehicle laws rules
FAQ
When is a car a total loss in West Virginia?
A "total loss" is a vehicle with damage equal to 75% or more of its market value (per a nationally accepted used car value guide), or a flood-damaged vehicle. When paying a total loss claim, the insurer must require the owner to surrender the title (the owner may choose to keep the vehicle), determine whether the vehicle is repairable, cosmetically damaged or nonrepairable, and within 10 days of payment send the title and claim settlement to the Division of Motor Vehicles for a salvage certificate.
How do you file a complaint against a car insurance company in West Virginia?
File with the West Virginia Offices of the Insurance Commissioner using the Online Consumer Complaint Form or the Property and Casualty Consumer Complaint paper form; the Property and Casualty Consumer Services Unit handles auto insurance. Toll-free 1-888-TRY-WVIC (888-879-9842).
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.