Can I sell my totaled car to a salvage yard before I get a judgment in small claims court case regarding the accident?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I sell my totaled car to a salvage yard before I get a judgment in small claims court case regarding the accident?
My car was totaled in an accident a few weeks ago. I filed a small claims case against the driver and owner of the other car involved in the accident (2 separate people) after that party’s insurance denied liability. The auto shop where my car was towed to after the accident offered to sell the car to a salvage yard for me. Can I sell the car before I get a judgement in the small claims case, or do I still need to possess the title to the car if I am awarded the judgement?
Asked on May 3, 2011 under Accident Law, Maine
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, as a matter of law, you do not need to have the title to the car in order to receive a judgment. Regardless of who owns the car now, if the car was totalled while you owned it, you suffered a loss. However, as practical matter, you may wish to not sell the car until you know the outcome of the case:
1) It's possible the car may be needed as evidence in one fashion or another; if so, and it's not available, then that could have serious negative implications for your case.
2) Anything you actually receive from the salvage yard will be an offset against what you can receive from your judgment. While in theory, what you *should* get could be offset even if you haven't sold the car yet, having the money in hand makes it much more likely that it will offset, and thus reduce, your recovery, since the compensation then will be actual, not theoretical.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.