Posted in
On September 3, 2025
You may have heard the term “totaled” associated with car accidents, but what does this mean? What happens if your car is totaled in an accident? Who is responsible for paying for it?
Oklahoma’s laws on totaling vehicles can come into play if your vehicle suffered substantial damage or if you drive an older model where repair costs may be close to the vehicle’s resale value. An experienced personal injury attorney from the Oklahoma Injury Law Firm can consult with you and discuss your legal rights. Contact us today for a free consultation.
What Does Totaled Mean?
Most insurance policies consider a vehicle totaled if the cost to repair it exceeds its market value. The insurance company will typically want to pay the lower of the vehicle’s actual cash value or the costs to fix it. Once an insurance company totals a vehicle, you cannot legally drive it unless you take additional steps to obtain a salvage title for it.
Oklahoma Laws on Totaling Vehicles
Oklahoma law has a total-loss threshold of 60% of the actual cash value. This means that if the cost to repair the vehicle is 60% or more of the actual cash value, the insurance company can consider it a total loss. For example, if your vehicle was worth $10,000, and it requires $6,000 in repairs, the state allows the insurer to total it. It’s considered a total-loss vehicle.
In these situations, the insurance company typically pays the actual cash value of the vehicle. This is not the purchase of a new car, but rather payment for the vehicle’s blue book value so you can purchase a similar make and model vehicle.
Oklahoma Insurance Laws
Oklahoma operates under an at-fault insurance system. Under this system, the at-fault driver is responsible for paying for the damages they caused due to their negligence, including property damage costs. You will have to prove the other driver was at fault for the accident to recover compensation for the total loss of your vehicle. It can take time to build your claim against the other driver.
You may have insurance coverage that you can tap into to replace your vehicle more quickly, such as collision insurance. Your own insurance might provide better benefits than the at-fault driver’s insurance. For example, some insurance policies offer new car replacement. If you use your collision insurance, you will likely have to pay your deductible.
If the other driver was uninsured or underinsured, you may be able to use your uninsured/underinsured insurance.
An experienced OKC vehicle accident attorney can review the available insurance and explain your options for recovery.
What If I Want to Keep My Car?
It may be possible to keep a vehicle that was considered totaled, but you’ll have to go through extra steps to make this happen. If the vehicle has less than 80% of the necessary structural repairs, you can request a salvage title from the DMV. If it has 80% or more, you’d need to request a junk title. You’d have to register it and have it reinsured.
Contact Our Experienced Car Accident Attorneys for Legal Assistance
Dealing with totaled vehicles can be complicated, and you don’t want to accept a settlement that does not fairly compensate you for your losses. The Oklahoma Injury Law Firm can help. Call us today at (405) 310-8800 for a free case review.