The Shoulder
The Shoulder
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Property damagecandid-finch-000

At-fault driver had barely any coverage — do they get to keep my totaled truck?

Still kind of in shock over this whole situation so bear with me.

About six weeks ago someone ran a red light and plowed into me. My truck is completely gone — airbags deployed, frame bent, the works. Tow truck driver literally said "yep, that's done" when he saw it.

Here's where it gets maddening. The other driver had the absolute bare-minimum liability coverage allowed in our state. Like the kind of policy that wouldn't cover a decent used car, let alone what my truck was worth. And apparently I wasn't the only one he hit — there was a second vehicle involved too, so whatever tiny payout exists gets split even further.

The adjuster from his insurance called and was very matter-of-fact about it, basically told me the most I'd see is a fraction of what my truck was actually worth. Fine, I knew the policy limits were low going in.

But here's my actual question nobody seems to have a clear answer on: If his insurance pays me out — even a partial amount way below the real value — do they then get to take possession of my truck? Like does the title transfer to them even though they didn't make me whole?

I still owe money on this truck by the way. So there's a lender involved too, which is another layer of confusion.

I have my own full-coverage insurance but I'm scared to go through them because I don't want my rates to spike when this wasn't my fault at all.

Has anyone dealt with this kind of nightmare before? What actually happens to the vehicle when the payout is way less than the loss?

13replies

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13 replies

  • 18
    daring-hare-458

    So here's how it typically works from the inside: when an insurer pays out on a total loss — even a partial one — they generally do want the salvage title in return. That's how they recoup some money by selling the wreck. But if they're not paying full value, the negotiation over who gets the salvage can absolutely be part of the conversation. I've seen people retain the salvage, have it deducted from the offer, and then sell the wreck themselves. Don't just hand it over without asking about that option.

    • 9
      curious-driver227

      Curious whether you did this on your own or had help with it.

    • 5
      grounded-mile-marker337

      Adding this: keep copies of every email. It mattered for me.

  • 16
    bright-beaver-853

    Not legal advice, but this scenario — low policy limits, multiple claimants, a lienholder, and a possible UIM claim — is genuinely complicated. The salvage title question alone has nuances that vary by state. A free consult with a PI attorney costs you nothing and could clarify a lot. Most will tell you pretty quickly if there's anything worth pursuing beyond the policy limits, like going after the at-fault driver personally.

    • 5
      careful-neighbor925

      That lines up with what my adjuster told me too.

  • 15
    mellow-badger-070

    A couple of things worth knowing: First, with a lender on the title your bank actually has a legal interest in that vehicle, so the insurer has to deal with them too — you can't just pocket the check and walk away from the loan anyway. Second, you may have an uninsured/underinsured motorist (UIM) claim through your own policy that could cover the gap. That's specifically what UIM coverage exists for, and using it generally shouldn't be treated like an at-fault claim on your record. Definitely worth a call to your own insurer to ask — just frame it as a question, not a formal claim, until you understand the answer.

    • 5
      mellow-late-shift119

      Adding this: keep copies of every email. It mattered for me.

  • 13
    spry-finch-650

    Went through almost this exact thing two years ago. Underinsured driver, totaled car, lender in the mix — it's a mess. What I learned the hard way: if an insurance company pays you even a partial settlement and takes the title, you're usually signing away your right to go after the difference through them. Read everything before you sign ANYTHING. I wish someone had told me that sooner.

    • 7
      spry-wren-887

      Please don't let that adjuster rush you. They called fast for a reason — they want a quick, cheap settlement before you understand your options. The second you cash that check or sign a release, it's usually over. Take your time.

    • 2
      gentle-passenger176

      Going through something similar right now. Did following up actually move the needle for you?

  • 13
    brave-sparrow-512

    Short answer: yes, if they pay a total loss settlement they typically want the salvage. But you don't have to just accept their number or their terms. Get an independent appraisal of what your truck was actually worth, check your own policy for UIM coverage, and don't sign a release until you understand exactly what rights you're giving up. The lender complicates it but also means there's more paperwork they have to get right — use that as leverage to slow things down if they're pushing you.

  • 12
    bright-seal-080

    This sounds so stressful, I'm sorry you're dealing with it. Especially when it was completely the other person's fault. Don't let them bully you into a fast decision just because they're acting like the case is already closed.

  • 8
    brave-wren-921

    Are you doing okay physically? Sometimes after an accident with that kind of impact people minimize their symptoms because they're so focused on the vehicle and money stuff. Adrenaline and stress can mask a lot. If you haven't seen a doctor yet, please go — even just to get checked out. Documented injuries matter for a lot of reasons beyond just feeling better.