Is Driving a Totaled Car in California Legal?

Getting into a car accident can be emotionally and financially devastating especially if the vehicle ends up totaled. But what if your car still operates despite severe damage? Many Californians rely on their vehicles for commuting, caregiving, and daily errands. Waiting for a replacement vehicle may not be feasible. So, is driving a totaled car in California legal?

Understanding the Totaled Car Law in California

Driving a totaled car in California depends on whether the vehicle is roadworthy and legally compliant. Under California Vehicle Code 544, a "totaled" vehicle is one declared too costly to repair by either the owner or insurance company. This classification is financial—not always a reflection of the car's ability to drive.

Even if the car still runs, its legal status changes. To keep it, owners must follow California salvage title laws and ensure the car becomes street legal before resuming use.

Reporting a Totaled Car to the California DMV

If your vehicle is declared totaled, you or your insurance provider must notify the DMV within 10 days, as per California Vehicle Code 11515. The DMV must be informed whether the car is being surrendered or kept.

When retaining the vehicle, you must apply for a salvage certificate. This requires submitting a completed form and paying a $15 fee. Once approved, the salvage certificate allows you to keep the vehicle for repair or inspection.

Is It Illegal to Drive a Damaged Car in California?

Driving a damaged vehicle in California is not automatically illegal. However, it becomes illegal if the damage makes the car unsafe. According to California Vehicle Code 24002, no one may drive a vehicle that endangers passengers or other drivers.

If driving a totaled car in California, ensure it doesn’t have compromised brakes, broken lights, or structural damage. If it was declared a total loss and received a salvage title, you must obtain a revived salvage title before driving it on public roads.

Can You Legally Drive a Totaled Car in California?

You cannot drive a car designated as "salvage" until it passes inspection and earns a revived salvage title. Even if drivable, driving a totaled car in California is illegal until it meets safety standards.

To make it street legal, you must:

• Complete a DMV registration form
• Show proof of ownership
• Pass a Brake and Light inspection

Only after completing these steps and paying all applicable fees may the car legally return to the road.

Risks of an Accident Involving a Totaled Car

Getting into an accident while driving a totaled car in California complicates your legal and insurance situation. Most insurance providers reduce or deny coverage if the vehicle was previously declared a total loss.

Even if the crash wasn't your fault, you may receive limited compensation. Additionally, driving a totaled vehicle without a salvage or revived title could lead to fines, legal liability, and vehicle impoundment.

Can You Get a Ticket for Driving a Totaled Car?

Yes. You can be ticketed for driving a totaled car in California without following proper procedures. Under California Vehicle Code 4000, driving an unregistered or improperly titled car results in fines between $100 and $200 for a first offense.

If the car fails to meet safety standards, California Vehicle Code 24002 allows officers to issue citations or impound the vehicle. Repeat offenses may lead to higher penalties, court mandates, and suspension of your driving privileges.

What To Do If Ticketed for Driving a Totaled Car

If you receive a ticket while driving a totaled car in California, stop using the car immediately. Pay the fine and resolve any outstanding issues to avoid steeper penalties.

Failing to address the violation can lead to license suspension, court costs, or impound fees. California's vehicle laws are designed to protect drivers, so compliance is essential. If you’ve been in an accident involving a totaled vehicle, Tulekyan Law is ready to help.

If you’re unsure of your rights or need legal representation after driving a totaled car in California, our compassionate attorneys are here to guide you. Call us or fill out our contact form to schedule a no-cost consultation today.