Total loss threshold by state (2026), with the law behind each
24 states and DC set a percentage total-loss threshold. 75% is most common (14 states and DC); the range runs from 65% in Nevada to 100% in Colorado, New Jersey, Texas and Utah. Rhode Island gives a range of 75% to 80%, and how the rule treats a car in between is unsettled. Connecticut, Massachusetts, Oklahoma, Pennsylvania, Virginia and Washington use a total loss formula (repair cost plus salvage value against the car's value), and 20 states set no percentage for insurer-paid claims.
Last reviewed from statutes, regulations and Department of Insurance publications.
Key findings
- 24 states and DC set a percentage total-loss threshold. 75% is most common (14 states and DC); the range runs from 65% in Nevada to 100% in Colorado, New Jersey, Texas and Utah. Rhode Island gives a range of 75% to 80%, and how the rule treats a car in between is unsettled.
- Connecticut, Massachusetts, Oklahoma, Pennsylvania, Virginia and Washington use a total loss formula (repair cost plus salvage value against the car's value), and 20 states set no percentage for insurer-paid claims.
- In 17 of the 25 percentage jurisdictions, the figure is a salvage-title test, not a limit on when an insurer may total a car. Only New Hampshire, North Carolina and Rhode Island tie a percentage to the insurer's own decision.
Total loss threshold in every state
| State | Threshold | What it governs | Source |
|---|---|---|---|
| Alabama | 75% of value | Salvage title only | Ala. Code § 32-8-87(d)(1) |
| Alaska | No fixed percentage | Insurer decides (no percentage) | 2 AAC 92.170(a) |
| Arizona | No fixed percentage | Insurer decides (no percentage) | A.R.S. § 28-2091(A), (T)(3) |
| Arkansas | 70% of value | Salvage title only | Ark. DFA Office of Motor Vehicle Rule 2007-8 § 2(N) |
| California | No fixed percentage | Insurer decides (no percentage) | Cal. Veh. Code § 544 |
| Colorado | 100% of value | Salvage title only | C.R.S. § 42-6-102(17)(a)(I)(C), (17)(b) |
| Connecticut | Total loss formula | The insurer's decision | Conn. Gen. Stat. § 38a-353(a) |
| Delaware | No fixed percentage | Insurer decides (no percentage) | 21 Del. C. § 2512(a)-(b) |
| District of Columbia | 75% of value | Title law definition | D.C. Code § 50-1331.01(12)(A)-(B) |
| Florida | No fixed percentage | Insurer decides (no percentage) | Fla. Stat. s. 319.30(1)(i), (3)(a)1.a.-b., (3)(a)2., (3)(c) |
| Georgia | No fixed percentage | Insurer decides (no percentage) | O.C.G.A. s. 40-3-2(11) |
| Hawaii | No fixed percentage | Insurer decides (no percentage) | HRS s. 286-2 |
| Idaho | No fixed percentage | Insurer decides (no percentage) | Idaho Code s. 49-123 |
| Illinois | No fixed percentage | Insurer decides (no percentage) | 625 ILCS 5/3-117.1(b) |
| Indiana | No fixed percentage | Insurer decides (no percentage) | Ind. Code s. 9-22-3-3(a) |
| Iowa | 70% of value | Salvage title only | Iowa Code s. 321.52(4)(b) |
| Kansas | 75% of value | Salvage title only | K.S.A. 8-197(b)(2)(B)-(C) |
| Kentucky | 75% of value | Salvage title only | KRS 186A.520(1)(a)-(b) |
| Louisiana | 75% of value | Title law definition | La. R.S. 32:702(14) |
| Maine | No fixed percentage | Insurer decides (no percentage) | 29-A M.R.S. § 602 |
| Maryland | 75% of value | Salvage title only | Md. Code, Transp. §§ 11-152, 13-506(c) |
| Massachusetts | Total loss formula | The insurer's decision | 212 CMR 2.04(1)(f) |
| Michigan | 75% of value | Salvage title only | MCL 257.217c(2) |
| Minnesota | No fixed percentage | Insurer decides (no percentage) | Minn. Stat. § 168A.151, subd. 1 |
| Mississippi | No fixed percentage | Insurer decides (no percentage) | Miss. Code Ann. § 63-21-5 |
| Missouri | 80% of value | Salvage title only | RSMo § 301.010 |
| Montana | No fixed percentage | Insurer decides (no percentage) | MCA 61-3-210(8) |
| Nebraska | 75% of value | Salvage title only | Neb. Rev. Stat. § 60-171(1), (3), (6), (7) |
| Nevada | 65% of value | Title law definition | NRS 487.790 |
| New Hampshire | 75% of value (unconfirmed) | The insurer's decision | RSA 261:22, VI |
| New Jersey | 100% of value | Salvage title only | N.J.A.C. 13:21-22.3 |
| New Mexico | No fixed percentage | Insurer decides (no percentage) | NMSA 1978 § 66-1-4.16(C) |
| New York | 75% of value | Salvage title only | 11 NYCRR 216.7(b)(16) |
| North Carolina | 75% of value | The insurer's decision | 11 NCAC 04 .0418(c) |
| North Dakota | 75% of value | Salvage title only | N.D.C.C. § 39-05-20.2(1) |
| Ohio | No fixed percentage | Insurer decides (no percentage) | Source |
| Oklahoma | Total loss formula | The insurer's decision | 36 O.S. § 1250.8(M) |
| Oregon | No fixed percentage | Insurer decides (no percentage) | ORS 801.527(1), (3) |
| Pennsylvania | Total loss formula | The insurer's decision | 31 Pa. Code § 62.3(e) |
| Rhode Island | 75% to 80% of value | The insurer's decision | R.I. Gen. Laws § 27-9.1-4(a)(29), as amended by 2025 P.L. chs. 472 & 473 |
| South Carolina | 75% of value | Salvage title only | S.C. Code Ann. § 56-19-480(G) |
| South Dakota | No fixed percentage | Insurer decides (no percentage) | SDCL § 32-3-51.19 |
| Tennessee | 75% of value | Salvage title only | Tenn. Code Ann. § 55-3-201(11)(A)-(D) |
| Texas | 100% of value | Salvage title only | Tex. Transp. Code § 501.091(15)(A) |
| Utah | 100% of value | Title law definition | Utah Code § 41-1a-1001(8) |
| Vermont | No fixed percentage | Insurer decides (no percentage) | 23 V.S.A. § 2001(13)-(14) |
| Virginia | Total loss formula | Title law definition | Va. Code § 46.2-1600 |
| Washington | Total loss formula | Title law definition | RCW 46.04.514 |
| West Virginia | 75% of value | Title law definition | W. Va. Code § 17A-4-10(a)-(b) |
| Wisconsin | 70% of value | Salvage title only | Wis. Stat. § 340.01(55g) |
| Wyoming | No fixed percentage | Insurer decides (no percentage) | Wyo. Stat. § 31-2-106(a)(v) |
What the threshold actually governs
- Salvage title only (17 states)
- A salvage-title test. It decides when the title is branded, not when the insurer may total the car, so a car can be totaled below it. Alabama, Arkansas, Colorado, Iowa, Kansas, Kentucky, Maryland, Michigan, Missouri, Nebraska, New Jersey, New York, North Dakota, South Carolina, Tennessee, Texas and Wisconsin.
- Title law definition (6 states and DC)
- A definition in vehicle title or salvage law that decides when the title is branded. The sources we found do not say whether it also limits the insurer. DC, Louisiana, Nevada, Utah, Virginia, Washington and West Virginia.
- The insurer's decision (7 states)
- A rule aimed at the insurer's own total-loss decision. Connecticut, Massachusetts, New Hampshire, North Carolina, Oklahoma, Pennsylvania and Rhode Island.
- Insurer decides (no percentage) (20 states)
- No percentage or formula for insurer-paid claims. The total-loss decision is generally the insurer's under the policy. Alaska, Arizona, California, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Maine, Minnesota, Mississippi, Montana, New Mexico, Ohio, Oregon, South Dakota, Vermont and Wyoming.
Why other threshold tables disagree
Many threshold tables online give every state a percentage. In our data, 20 states set no percentage for insurer-paid claims at all.
24 of the 31 percentage and formula rules come from vehicle title or salvage law. They decide when a title is branded salvage, which is not the same as when the insurer must total the car. Only 7 states (Connecticut, Massachusetts, New Hampshire, North Carolina, Oklahoma, Pennsylvania and Rhode Island) have a rule aimed at the insurer's own decision.
Florida, Illinois, Indiana, Minnesota, Oregon and Wyoming have a percentage in state law that does not apply when an insurer pays the claim (it covers cars without an insurer payout, such as uninsured or self-insured vehicles). Tables that list it as the insurer threshold get these states wrong.
Rules change. Oklahoma's SB 1920 (2026) took effect on November 1, 2026, so tables made before then may show the previous figure.
Recent changes
- Oklahoma, SB 1920 (2026): Oklahoma's salvage-title threshold rises from 60% to 70% of fair market value for losses on or after November 1, 2026. It applies when an insurer pays a less-than-total loss but repairs for safe highway operation exceed that share of the car's value, and it covers vehicles from the last 10 model years. The bill became law without the Governor's signature on May 13, 2026. Losses before November 1, 2026 fall under the 60% rule.
What this means for your claim
In 37 states, no state percentage limits when the insurer may total your car. Once it is totaled, the number that matters is the actual cash value in the insurer's report. Read the valuation report line by line, then dispute the parts that are wrong.
How to cite
Fairmark, Total loss threshold by state, fairmarkvalue.com/total-loss-threshold-by-state, last reviewed November 4, 2026.
Free to reuse under CC BY 4.0 with a link to this page. Download the full dataset: CSV · JSON.
General information, not legal advice. Rules change; confirm with your state Department of Insurance.