If my vehicle is totaled and the lender is paid off, isn’t the vehicle now mine?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my vehicle is totaled and the lender is paid off, isn’t the vehicle now mine?

I have a vehicle in Denver, CO that is being totaled due to HAIL Storm damage
I have full coverage insurance and GAP insurance have only financed the vehicle
9 months ago isn’t then my vehicle???

Asked on June 16, 2017 under Accident Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, when the vehicle is totalled, title passes to the insurer: they paid for it, as it were. They are allowed to take title and sell it for whatever it may be worth, even if only salvage or scrap value, so as to mitigate or offset what they had to pay off on the claim.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption