August 8, 2025
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Reading Time: 4 min
If your vehicle has been involved in one of the approximately 300,000 accidents that happen every year in New York State, you know that the aftermath can cause a lot of stress. Although the majority of these accidents don’t result in personal injury, many cause significant property damage.
If your car has been totaled, what are your options? Can you buy it back from the insurance company? The team at Cellino Law is here to help you navigate the process after a car accident.
What Does It Mean When a Car Is Totaled?
A car is declared “totaled” when the cost of repairing it is determined to be higher than a certain percentage of the value of the vehicle. Some states have set a specific threshold for this percentage, while other states allow insurance companies to set their own limit.
In New York, the threshold is set at 75 percent. That means that, if your car is valued at $5000, it will be declared totaled if the repair costs are more than $3,750. Of course, the higher the value of the vehicle, the more damage required to reach this limit.
When a car is totaled, the insurance company will offer a payout of the estimated value of the vehicle instead of repairing it. Once that happens, the car no longer belongs to the owner; it now belongs to the insurance company, which will likely offer it at a salvage auction to recover some of the value.
Pros and Cons of Buying Your Car Back
When a car is totaled, it may be possible to buy it back from the insurance company. When deciding whether this is the best option for you, consider some of the pros and cons.
One con to buying your car back is that there could be hidden damage. Even though the damage may seem minor, there may be hidden damage that caused the insurance company to declare the vehicle as totaled. This could significantly increase the repair costs.
Another downside is that the car may lose resale value. Once a car has been declared totaled, it now carries a “salvage” title. This can reduce the value of the vehicle and make it more difficult to resell or insure.
Pros to buying your car back are that you might be able to fix it cheaper, and you may be able to make more by selling it for parts. Sometimes, you have the knowledge, materials, and connections to fix your car for less than the insurance company expects. This means you could save yourself money by buying the car back and making the repairs yourself.
Your vehicle might be declared totaled even if the damage is largely cosmetic. Depending on the type of car and demand for certain parts, you may be able to make more money by buying it back and selling it for parts.
Steps to Buying Your Car Back
What if, after weighing the options, you have decided to buy your car back from the insurance company?
You can do so by following these steps:
- Tell the insurance company right away: If you want to buy back your car, don’t wait to tell the insurance company. Once the car has been sent to a salvage auction, it can be difficult or impossible to get it back.
- Make the calculations: Your insurance company should offer you the “actual cash value” or “book value” of your car minus the estimated salvage value. Do research into the value of your vehicle so you make sure the insurance company’s offer is fair.
- Repair and inspect the vehicle: A car with a “salvage” title cannot be registered or insured. Before you can drive or resell it, it needs to be repaired and inspected. Once it has been inspected and receives a “rebuilt” title, it can be registered and resold.
Call Cellino Law After Your New York Car Accident
Dealing with the aftermath of a car accident doesn’t have to be overwhelming. Whether you need answers to your questions or help understanding your options, we are just a phone call away.
At Cellino Law, our team of experienced car accident attorneys is dedicated to helping New Yorkers understand their rights, get the best possible care they need, and recover the compensation they deserve. Fill out our online form or call us anytime at 888-888-8888 to schedule a free legal consultation.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.