Is Driving a Totaled Car Legal​ in California?

Getting involved in a car crash can be a traumatic experience that can especially set you back financially if your car is wrecked. However, what if your car is still drivable despite looking completely totaled? Just because a car is labeled as totaled, it doesn’t necessarily mean it is undrivable. As many people in California need a car to get to their work, pick up their family, and do important chores and errands, they may not have the option to wait until they get a new car, so the question has to be asked “Is it illegal to drive a totaled car in California?” 

What Is the Totaled Car Law in California?

According to California Vehicle Code 544, a totaled vehicle is defined as a vehicle that has been damaged so badly that the owner or insurance company decides it’s too expensive to fix. As such, this doesn’t mean that a totaled vehicle is automatically inoperable, but that the definition of a totaled car is reflective on whether or not the owner or the insurance company wishes to fix it or not. While this decision is purely financial, owners of a wrecked car can still keep it, but they will need to follow the legal process to ensure that it is street legal. 

Do I Need to Notify the CA DMV if My Car Is Totaled?

Whether your car was totaled due to an accident of your own or someone else’s negligence, you or the insurance company would need to notify the DMV within 10 days about the car’s status as per California Vehicle Code 11515. In addition, when a vehicle is declared as a loss from the insurance company, the owner must either surrender the car or obtain a salvage certificate if they wish to keep the car either to repair or to continue driving around. 

Should an owner wish to keep the car, they would need to fill out a form and pay a $15 fee. Once they have completed all the necessary steps then they acquire a salvage certificate which allows them to keep the totaled car.  

Is It Illegal to Drive a Damaged Car in California?

It is not inherently illegal to drive a damaged car in California, provided the damage does not make the car unsafe for road use. California Vehicle Code 24002 prohibits driving vehicles in a condition that “endangers the driver, passengers, or others.” If your car is damaged but still safe to operate, you can legally continue driving it. However, in the case of totaled cars, if the damage includes broken lights, faulty brakes, or compromised structural integrity, the vehicle may be deemed unsafe, and you could be cited. Should the vehicle have been declared a total loss and issued a salvage title, it is illegal to drive it until you obtain a revived salvage title.

Can You Drive Around a Totaled Car?

If you have obtained a salvage certificate for your car, it is legally designated as a salvage vehicle and cannot be legally driven on the road until it passes inspection from the DMV and is registered as a ‘revived salvage’ vehicle. Even if the car is drivable, it is illegal to drive a totaled car around until it meets appropriate safety standards. 

In order to register your totaled car, you would need to fill out a registration form from the DMV, provide proof of ownership, and have your totaled car pass a Brake and Light inspection. Only after passing these inspections, filling out the necessary paperwork, and paying the associated fees, can you legally drive around a totaled car in California.     

What Happens if I Get into an Accident With a Totaled Car?

If you get into an accident with a totaled car, the situation becomes more legally complex. Just getting a totaled car into another car accident will limit your insurance coverage drastically because most insurance companies may refuse to cover damages if your car was previously declared a total loss. 

Even if the fault was not your own, but due to another driver, most insurance companies will limit the amount of compensation you can receive for the accident in question. Additionally, depending on the status of the totaled car, you may face liability for driving a totaled car without a salvage certificate and you may face a series of fines and penalties.    

Can You Get a Ticket for Driving a Totaled Car​

As driving around a totaled car can be a hazard, it is important that you properly follow rules and regulations to make it street legal, because a driver can easily get ticketed for driving around a totaled car. This is especially true if the wrecked car is not registered properly and as per California Vehicle Code 4000, which in case the on duty officer can issue a ticket that can range anywhere within $100 to $200 for the first offense. 

Should you get pulled over for driving a totaled car that has not passed any sort of safety inspection then you would be violating California Vehicle Code 24002, which makes it illegal to operate a vehicle that is in an unsafe condition or that does not comply with vehicle safety standards. The punishment would result in fines that range around several hundred dollars and the severity of the fine will be dependent on the nature of the vehicle. 

In some cases, law enforcement may even impound the vehicle if they determine that it is not roadworthy, which can result in additional fines and fees. Additionally, repeat offenses will lead to higher penalties, court appearances, and penalties that will affect your driving privilege. 

What Should I Do if I Get Ticketed for Driving a Totaled Car?

If you have been ticketed for driving a totaled car, it is highly recommended to stop using the vehicle immediately and pay off all of the associated fines and fees as soon as possible. Should you choose to wait, you risk receiving additional penalties and fines that can not only result in your totaled car becoming impounded, but it can also affect your driving privileges. 

As California vehicle laws were designed to protect drivers on the road, it is vital that you follow these laws to ensure that you don’t become liable for a serious car accident. However, if you have been involved in a car accident and would like to seek legal representation regarding the matter, then West Coast Trial Lawyers is here to help. Contact us today by calling (213) 927-3700 or by filling our contact form to schedule a free consultation with our compassionate and talented legal team.