What argument can be used when an insurance co claims a totaled car is salvage and deducts from the payment but the title doesn't say it is salvage?

Answer

Your question is unclear. Did the insurance company declaire the car that was insured was a total loss. After that they would pay you for the entire value of the vehicle and keep the car since they paid you for it. The insurance company can then sell the damaged vehicle at an auction and make up for some of the loss or they can let the insured keep it and deduct the value from the claim settlement. I am an insurance agent but not a claims adjuster.

Your questions is indeed unclear but I am assuming your car got totaled and they paid you less, as though it was a totaled vehicle to start with. They might know something you don't. If you purchased the car in the last 18 months from a dealer or person who gave you a clean title, the car may have in fact already been totaled but they decided to not file a claim and instead fixed it themselves at a cheaper cost and passed the car (and clean title) on to you. Meanwhile, the insurance company might have totaled the car and reported it as such. Or, the car was totaled in another state, moved to your state (a process called titled washing) and got a clean title for the short term, long enough to resell the car with a "clean title" even though it was totaled. When you renew your registration the title will come up salvage. Did you run a Carfax on this car prior to purchase?

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