Total loss threshold by state
A damaged car is a total loss when the cost to repair it is too high compared with what it was worth before the crash. 23 of the 51 jurisdictions write a percentage into law, from 60% to 100%; 75% is the most common line, used in 14. The other 28 leave the call to the insurer or to a repair cost against value test. Every row below carries the law's own words.
Statute and state agency quotes checked October 6, 2026 · what each state's law says, not how your insurer will handle your claim · not legal advice
The percentage lines, from lowest to highest
23 jurisdictions put a percentage in the law. A 78% repair estimate (the example above) meets the line in 19 of them.
| Line | Count | Jurisdictions |
|---|---|---|
| 60% | 1 | Oklahoma |
| 65% | 1 | Nevada |
| 70% | 3 | Arkansas, Iowa, Wisconsin |
| 75% | 14 | Alabama, District of Columbia, Kansas, Kentucky, Louisiana, Maryland, Michigan, Nebraska, New Hampshire, New York, North Dakota, South Carolina, Tennessee, West Virginia |
| 80% | 1 | Missouri |
| 100% | 3 | Colorado, Texas, Utah |
A line of 100% means the repair cost has to exceed the car's value. Most laws count only some repair costs or some vehicles (by age or value); the note and quote on each row below show how.
Every state's rule, with the law's words
51 of 51 jurisdictions have a quote on file. Open a row to read it, and follow the link to the source.
| State | Rule | Law | What it says |
|---|---|---|---|
| Alabama | 75% of value | Ala. Code 32-8-87 (per Alabama Department of Revenue) | QuoteA salvage vehicle (total loss) occurs when an insurance company or any other person pays or makes other monetary settlement to a person when a vehicle is damaged and the damage to the vehicle is greater than or equal to 75 percent of the fair retail value of the vehicle prior to damage |
| Alaska | Insurer decides | 2 AAC 92.170(a) | No percentage in the rule QuoteAn insurance company obtaining title to an unrepairable vehicle through the satisfaction of an insurance claim for an actual total loss or constructive total loss shall mark the word "junk" on the face of the certificate of title |
| Arizona | Insurer decides | A.R.S. 28-2091(3) | No percentage; the owner or insurer decides it is uneconomical to repair Quotehas been stolen, wrecked, destroyed, flood or water damaged or otherwise damaged to the extent that the owner, leasing company, financial institution or insurance company considers it uneconomical to repair the vehicle |
| Arkansas | 70% of value | Ark. Code 27-14-2301 | Quote"Salvage vehicle" means a motor vehicle which: (A) Is water-damaged as defined in this part; or (B) Sustains any other damage in an amount equal to or exceeding seventy percent (70%) of its average retail value |
| California | Insurer decides | Cal. Veh. Code 544 (per CA DMV) | No percentage; the insurer declares the total loss QuoteIf your vehicle has been wrecked or damaged and insurance declares your vehicle a total loss salvage, DMV can issue a Salvage Certificate. |
| Colorado | 100% of value | C.R.S. 42-6-102(17) | Colorado has no percentage below 100: the repair cost has to exceed the retail value, or the insurer declares a total loss Quotethat the vehicle is determined to be a total loss by the insurer or other person acting on behalf of the owner or that the cost of repairing the vehicle to a roadworthy condition and for legal operation on the highways exceeds the vehicle’s retail fair market value immediately prior to the damage |
| Connecticut | Insurer decides | Conn. Gen. Stat. 14-16c(a)(1)(A) | No percentage in the statute QuoteAny insurance company that takes possession of a motor vehicle for which a certificate of title has been issued in this state, that has been declared a total loss and that is offered for sale in this state by such insurance company or its agent as a result of the settlement of a claim for damage or theft, shall stamp the word “SALVAGE” |
| Delaware | Insurer decides | 21 Del. C. 2512(a) | No percentage; a total loss insurance settlement makes the vehicle salvage Quotewhen a registered or unregistered motor vehicle, for which a title has been issued by the Department, is transferred as salvage as a result of a total loss insurance settlement |
| District of Columbia | 75% of value | D.C. Code 50-1331.01 | |
| Florida | Insurer decides | Fla. Stat. 319.30(1) | The 80% rule is for uninsured vehicles. For an insured vehicle the statute defines a total loss as the insurer paying to replace it. QuoteWhen an uninsured motor vehicle or mobile home is wrecked or damaged and the cost, at the time of loss, of repairing or rebuilding the vehicle is 80 percent or more of the cost to the owner of replacing the wrecked or damaged motor vehicle or mobile home with one of like kind and quality |
| Georgia | Insurer decides | Ga. Comp. R. & Regs. 120-2-52-.06 | No percentage in the rule; the insurer determines whether the vehicle is a total loss |
| Hawaii | Insurer decides | HRS 286-48 (per City and County of Honolulu) | No percentage; the insurer declares the total loss. Read from the City and County of Honolulu page; the statute text was not re-read. QuoteOnce a vehicle is declared a total loss by an insurance company, or sold by an owner as salvage, it cannot be issued a standard title or registration in Hawaii. |
| Idaho | Repair cost vs value | Idaho Code 49-123(2)(o) | Cost of parts and labor minus salvage value compared with the vehicle's value; no fixed percentage Quotewhich has been damaged to the extent that the owner, or an insurer, or other person acting on behalf of the owner, determines that the cost of parts and labor minus the salvage value makes it uneconomical to repair or rebuild |
| Illinois | Insurer decides | 625 ILCS 5/3-117.1(b)(1) | No percentage for an insurer-paid claim: the insurer's total loss payment makes the vehicle salvage. A 70% line applies to a self-insured company's vehicle, and 50% lines to repossessed, fleet and flood vehicles. QuoteWhen an insurance company makes a payment of damages on a total loss claim for a vehicle, the insurance company shall be deemed to be the owner of such vehicle and the vehicle shall be considered to be salvage |
| Indiana | Insurer decides | IC 9-22-3-3 | The 70% line applies to a self-insured business or a buyer of a damaged vehicle. For an insurer-paid claim, the insurer decides whether repair is economically impractical. Vehicles within the last seven model years. Quote(1) An insurance company has determined that it is economically impractical to repair the wrecked, destroyed, or damaged vehicle and has made an agreed settlement with the insured or claimant. (2) If the owner of the vehicle: (A) is a business that insures its own vehicles; or (B) acquired the vehicle after the vehicle was wrecked, destroyed, or damaged; the cost of repairing the wrecked, destroyed, or damaged vehicle exceeds seventy percent (70%) of the fair market value immediately before the vehicle was wrecked, destroyed, or damaged |
| Iowa | 70% of value | Iowa Code 321.52; Iowa Admin. Code 761-405.2 | QuoteA vehicle is considered wrecked or salvaged when it has repair costs exceeding 70 percent of its fair market value before it became damaged and had a fair market value of $500 or more before it became damaged. |
| Kansas | 75% of value | K.S.A. 8-197(b) | Late-model vehicles; also any vehicle the insurer determines is a total loss and takes title to Quotea late model vehicle which is of a type required to be registered in this state and which has been wrecked or damaged to the extent that the total cost of repair is 75% or more of the fair market value of the motor vehicle immediately preceding the time it was wrecked or damaged |
| Kentucky | 75% of value | KRS 186A.520(1) | Excludes the cost to reinstall a deployed airbag system Quoteexceeds seventy-five percent (75%) of the retail value of the vehicle, as prescribed by a nationally accepted used car valuation guide |
| Louisiana | 75% of value | La. R.S. 32:702(14) | Quote"Total loss" means a motor vehicle which has sustained damages equivalent to seventy-five percent or more of the market value as determined by the most current National Automobile Dealers Association Handbook |
| Maine | Insurer decides | 29-A M.R.S. 101(13) | No percentage; the insurer or owner declares a total loss Quote"Salvage vehicle" means a vehicle that, by reason of its condition or circumstance, is declared a total loss by an insurer or owner or is transferred to a recycler or salvage dealer |
| Maryland | 75% of value | Md. Code, Transportation 11-152(a) | An insurer that acquires a vehicle through a claim settlement also makes it salvage Quoteto the extent that the cost to repair the vehicle for legal operation on a highway exceeds 75% of the fair market value of the vehicle prior to sustaining the damage |
| Massachusetts | Insurer decides | M.G.L. c. 90D, section 1 | No percentage; the insurer (or the owner, if uninsured) decides it is uneconomical to repair Quote''Total loss salvage motor vehicle'', a motor vehicle which has been stolen and unrecovered or which has been wrecked, destroyed or damaged by collision, fire, water, or other occurrence to such an extent that the owner or if the vehicle was insured, the insurer, considers it uneconomical to repair the vehicle |
| Michigan | 75% of value | MCL 257.217c | Late-model vehicles; 91% or more gets a scrap certificate Quoteis equal to or more than 75% but less than 91% of the predamaged actual cash value of the vehicle, apply for a salvage certificate of title |
| Minnesota | Insurer decides | Minn. Stat. 168A.151, subd. 1 | The 80% line applies to a self-insured owner. For an insurer that acquires a vehicle by paying damages, a late-model or high-value vehicle gets a "salvage" brand and any other vehicle a "prior salvage" brand. QuoteA self-insured owner of a vehicle that sustains damage by collision or other occurrence which exceeds 80 percent of its actual cash value must |
| Mississippi | Insurer decides | Miss. Code 63-21-5 (per MS Dept. of Revenue) | No percentage; a total loss claim paid by the insurer. A vehicle 10 years old or older and worth $1,500 or less is outside the salvage definition. Statute text not re-read; the definition is from the Department of Revenue page. QuoteSalvage titles are issued to insurance companies to enable them to dispose of vehicles upon which they have paid a total loss claim. |
| Missouri | 80% of value | RSMo 301.010(55) | Applies to vehicles damaged within six years of the model year; also any vehicle an insurer declares salvage Quoteexceeds eighty percent of the fair market value of the vehicle immediately preceding the time it was damaged |
| Montana | Insurer decides | Mont. Code 61-3-401(8), as amended by 2025 SB 380 | No percentage; the owner or insurer decides it is uneconomical to repair Quote"Salvage vehicle" means a motor vehicle damaged by collision, fire, flood, accident, trespass, or other occurrence to the extent that the owner, an insurer, or another person acting on behalf of the owner determines that the cost of parts and labor makes it uneconomical to repair the vehicle. |
| Nebraska | 75% of value | Neb. Rev. Stat. 60-171(7) | Late-model vehicles QuoteA late model vehicle which has been wrecked, damaged, or destroyed to the extent that the estimated total cost of repair to rebuild or reconstruct the vehicle to its condition immediately before it was wrecked, damaged, or destroyed and to restore the vehicle to a condition for legal operation, meets or exceeds seventy-five percent of the retail value of the vehicle at the time it was wrecked, damaged, or destroyed |
| Nevada | 65% of value | NRS 487.790 | Cost of repair excludes painting, some electronics and towing QuoteWhich has been wrecked, destroyed or otherwise damaged to such an extent that the cost of repair is 65 percent or more of the fair market value of the vehicle immediately before it was wrecked, destroyed or otherwise damaged |
| New Hampshire | 75% of value | RSA 261:22(VI) | Also a total loss when physically or economically impractical to repair in an insurance settlement QuoteFor which the cost of repairing the vehicle is 75 percent or more of its fair market value prior to the vehicle being damaged, if the damage occurs during its model year or the 4 subsequent calendar years |
| New Jersey | Insurer decides | N.J.A.C. 13:21-22.1 | No percentage in the rule Quote"Salvage motor vehicle" means any motor vehicle which has been reported stolen or is damaged to such an extent that it is economically impractical to repair. |
| New Mexico | Insurer decides | NMSA 66-1-4.16 (per NM MVD) | No percentage; the owner or insurer considers it uneconomical to repair Quoteto the extent that the owner, leasing company, financial institution or the insurance company that insured or is responsible for repair of the vehicle considers it uneconomical to repair the vehicle |
| New York | 75% of value | 15 NYCRR 20.20(c)(1)(ii) | DMV title-brand rule: a "REBUILT SALVAGE" brand for a vehicle eight model years old or newer on the date of loss. It decides the title brand, not whether an insurer totals the claim. Quotethe vehicle has been wrecked, destroyed or damaged to the extent that the total estimated or actual cost of parts and labor to rebuild or reconstruct the vehicle to its pre-accident condition, and for legal operation on the road or highways, exceeds 75 percent of the retail value of the vehicle at the time of loss as set forth in a current nationally recognized compilation of retail values |
| North Carolina | Insurer decides | N.C. Gen. Stat. 20-71.3(a1) | No percentage in the statute; the insurer declares the total loss. The 75% figure in 20-71.3 applies to retitling a repaired vehicle. QuoteAny motor vehicle that is declared a total loss by an insurance company licensed and approved to conduct business in North Carolina |
| North Dakota | 75% of value | N.D.C.C. 39-05-20.2(1) | QuoteThe owner of a vehicle that is damaged in excess of seventy-five percent of the vehicle's retail value as determined by the national automobile dealers association |
| Ohio | Insurer decides | Ohio Rev. Code 4505.11(C)(1) | No percentage in the statute; the insurer declares the vehicle economically impractical to repair QuoteWhen an insurance company declares it economically impractical to repair such a motor vehicle and has paid an agreed price for the purchase of the motor vehicle to any insured or claimant owner |
| Oklahoma | 60% of value | 47 O.S. 1105(A)(1) | Vehicles within the last ten model years; only damage to suspension, motor, transmission, frame or unibody and designated structural parts is counted Quote"Salvage vehicle" means any vehicle which is within the last ten (10) model years and which has been damaged by collision or other occurrence to the extent that the cost of repairing the vehicle for safe operation on the highway exceeds sixty percent (60%) of its fair market value, as defined by Section 1111 of this title, immediately prior to the damage. |
| Oregon | Insurer decides | ORS 801.527 | The 80% rule is for damage an insurer does not cover; a vehicle an insurer declares a total loss is also totaled Quotethe estimated cost to repair the vehicle is equal to at least 80 percent of the retail market value of the vehicle prior to the damage |
| Pennsylvania | Repair cost vs value | 75 Pa.C.S. 102 | Repair cost compared with the value of the repaired vehicle; no fixed percentage Quote"Salvage vehicle." A vehicle which is inoperable or unable to meet the vehicle equipment and inspection standards under Part IV (relating to vehicle characteristics) to the extent that the cost of repairs would exceed the value of the repaired vehicle. |
| Rhode Island | Insurer decides | R.I. Gen. Laws 31-46-3 | The 75% line is in the section for salvage by a non-insurer, on vehicles under 7 years old. An insurer applies for the salvage title when it sells the vehicle (31-46-2). Quoteexceeds seventy-five percent (75%) of the fair market value of the motor vehicle immediately preceding the time it was wrecked, destroyed or damaged, and the motor vehicle is less than seven (7) years beyond the date of manufacture |
| South Carolina | 75% of value | S.C. Code 56-19-480(G) | Does not apply to vehicles worth $2,000 or less Quoteare all synonyms and are defined to be any motor vehicle which is damaged to the extent that the cost of repairing the motor vehicle, including both parts and reasonable market charges for labor, equal or exceed seventy-five percent of the fair market value of the motor vehicle |
| South Dakota | Insurer decides | SDCL 32-3-51.19 | No percentage; the insurer decides. Vehicles up to ten model years old. Quotemeans any motor vehicle that an insurer or self insurer determines a total loss due to theft or to damage caused by fire, vandalism, collision, weather, submersion in water, or flood. This section does not apply to any motor vehicle more than ten model years old |
| Tennessee | 75% of value | Tenn. Code 55-3-201 | From the Tennessee Department of Revenue salvage application, citing the statute QuoteA "Salvage Vehicle” is a passenger motor vehicle which has been wrecked, destroyed, or damaged to the extent that the repair costs would exceed 75% of the retail value of the vehicle. |
| Texas | 100% of value | Tex. Transp. Code 501.091 (per TxDMV form VTR-436) | Repair cost must exceed 100% of actual cash value; paint, materials and sales tax are not counted QuoteA salvage motor vehicle: • has damage to or is missing a major component part to the extent that the cost of repairs exceeds the actual cash value of the motor vehicle immediately before the damage. |
| Utah | 100% of value | Utah Code 41-1a-1001(8) | Repair cost has to exceed 100% of fair market value, or an insurer declares it salvage. The le.utah.gov text marks this section as superseded on January 1, 2027. Quote"Salvage vehicle" means any vehicle: Page 1 Utah Code (a) damaged by collision, flood, or other occurrence to the extent that the cost of repairing the vehicle for safe operation exceeds its fair market value; or (b) that has been declared a salvage vehicle by an insurer or other state or jurisdiction |
| Vermont | Insurer decides | 23 V.S.A. 2001(14) | No percentage; the insurance company declares the total loss Quote“Totaled motor vehicle” means a motor vehicle that has been declared by an insurance company to be a total loss. |
| Virginia | Repair cost vs value | Va. Code 46.2-1600 | Late-model vehicles. Repair cost compared with actual cash value less salvage value; no fixed percentage Quotedamaged as a result of collision, fire, flood, accident, trespass, or any other occurrence to such an extent that its estimated cost of repair, excluding charges for towing, storage, and temporary replacement/rental vehicle or payment for diminished value compensation, would exceed its actual cash value less its current salvage value |
| Washington | Repair cost vs value | RCW 46.04.514 | Cost of parts and labor plus salvage value compared with the vehicle's value; no fixed percentage Quotehas been damaged to the extent that the owner, an insurer, or other person acting on behalf of the owner, has determined that the cost of parts and labor plus the salvage value has made it uneconomical to repair the vehicle |
| West Virginia | 75% of value | W. Va. Code 17A-4-10(a) | QuoteThe term “total loss” means a motor vehicle which has sustained damages equivalent to seventy-five percent or more of the market value as determined by a nationally accepted used car value guide |
| Wisconsin | 70% of value | Wis. Stat. 340.01(55g) | Vehicles under 7 years old Quote“Salvage vehicle” means a vehicle less than 7 years old that is not precluded from subsequent registration and titling and that is damaged by collision or other occurrence to the extent that the estimated or actual cost, whichever is greater, of repairing the vehicle exceeds 70 percent of its fair market value |
| Wyoming | Insurer decides | Wyo. Stat. 31-2-106(a)(v) | The 75% line applies when no insurer is involved; an insurer's total-loss declaration also makes it salvage Quote"Salvage vehicle" means any motor vehicle which has been wrecked, destroyed or damaged to the extent that it has been declared a total loss by the insurance company or, in the event an insurance company is not involved in the settlement of the claim, the total estimated or actual cost of parts and labor to rebuild or reconstruct the motor vehicle to its pre-accident condition exceeds seventy-five percent (75%) of the actual retail cash value of the motor vehicle |
Quoted from each state's statute, rule or state agency page, checked October 6, 2026. Laws change. The source link on each row shows the full text, and a lawyer licensed in your state can say what applies.
What these percentages do and do not decide
Most of the percentages above sit in a state's salvage law, where they decide when a damaged vehicle counts as salvage or a total loss under that law. Alabama's revenue department, for one, describes "a salvage vehicle (total loss)" as one where an insurer pays and the damage is at least 75 percent of the car's retail value. How an insurer settles your claim, which value it uses and when it chooses to repair instead are separate questions, and your policy and the insurer's valuation report answer them.
Three things change the arithmetic. The value is usually a retail value from a guide the law names, not what you paid. The repair cost is usually the estimate for parts and labor, and some laws leave out paint, tires, hail damage or airbag parts. And a law can apply only to newer vehicles: the age or value limit is in each row's note.
If the car is repaired instead, the diminished value calculator estimates what the accident history cost it in value. For an injury claim from the same crash, use the settlement calculator and check the filing deadline for your state.
Questions
What percent of damage makes a car a total loss?
It depends on the state. 23 jurisdictions write a percentage into their salvage or total loss law: 60% in Oklahoma; 65% in Nevada; 70% in Arkansas, Iowa and Wisconsin; 75% in Alabama, District of Columbia, Kansas, Kentucky, Louisiana, Maryland, Michigan, Nebraska, New Hampshire, New York, North Dakota, South Carolina, Tennessee and West Virginia; 80% in Missouri; 100% in Colorado, Texas and Utah. 75% is the most common line (14 jurisdictions). The other 28 state laws on this page name no percentage.
Is the threshold the same as my insurer's total loss decision?
Not necessarily. The percentages on this page come from each state's salvage or total loss statute and decide when a damaged vehicle counts as salvage or a total loss under that law. Whether your insurer pays to repair a car or pays it out as a total loss is decided on your claim, with the insurer's valuation and repair estimate, and a claimant can ask the insurer for both.
What is a total loss formula?
Some laws compare the repair cost with the vehicle's value and its salvage value instead of using a percentage. Virginia counts a vehicle when its estimated cost of repair "would exceed its actual cash value less its current salvage value", and Washington looks at whether "the cost of parts and labor plus the salvage value has made it uneconomical to repair the vehicle". The table lists every state where the law uses repair cost against value or leaves the call to the insurer.
Which states have no percentage?
28 of the 51 laws read here name no percentage for an insurer-paid claim: Alaska, Arizona, California, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Maine, Massachusetts, Minnesota, Mississippi, Montana, New Jersey, New Mexico, North Carolina, Ohio, Oregon, Rhode Island, South Dakota, Vermont, Wyoming, Idaho, Pennsylvania, Virginia and Washington. Several of them have a percentage for a different situation, such as an uninsured or self-insured owner, and the table says so on each row.
Does my car's age change the rule?
In many states it does. Kansas, Nebraska, Missouri, Michigan, Wisconsin, Rhode Island, Oklahoma and others apply their percentage only to vehicles under a set age, such as 6, 7 or 10 model years. Each row's note and quote show the age limit where the statute has one.
Do I get diminished value on a total loss?
A total loss is paid at the vehicle's value before the crash, so there is no repaired car left to lose value. A car that is repaired can lose value because of its accident history, which is what the diminished value calculator estimates.
What if I disagree with the value my insurer offers?
An insurer's offer rests on a valuation report and a repair estimate, and a claimant can ask the insurer for both. How a dispute over value is handled depends on the policy and the state's insurance rules. A lawyer licensed in your state can say which options apply.
More free tools
Filing deadline calculator for your state · Car accident settlement calculator · How accurate are settlement calculators? · Diminished value calculator · Settlement tax calculator · Settlement calculators compared · Workers' comp payouts by state