Title washing is an issue. It was sold in those states for that specific reason. I don't know what you can do about it though. I think you should fight them for it. They agreed to insure the vehicle, and they wrote the terms. You had no knowledge that the vehicle had previously been totaled, so they can not argue that you withheld information from them. If they could, then they could cancel the whole policy; but they aren't trying to do that. In Colorado, titles are clearly marked as salvage, so I don't think you have any greater duty than looking at the title to ensure that the vehicle was not previously totaled. If either party had known the vehicle was salvage, it would be different because they never would have agreed to put comp and collision on the policy. Since neither of you knew, I think they need to bite the bullet and pay the policy that they wrote. Since an insurance policy is a contract of adhesion, they must interpret the policy as broadly as possible to benefit you.
I don't have personal experience with this particular issue, but Snowman78 on here may be able to help. My advise is to threaten a DOI complaint (as a last resort), but Snowman may have better insight. One very important thing to keep in mind though, if the insurance company wants to cut your settlement in half, then perhaps they should be offering you a refund on half of the portion of your comp and collision premium that you've paid since the inception of your policy. Work the math on that and see if you can be properly compensated. They can't expect you to agree to taking lesser value on your vehicle, while they keep the premiums for a non-totaled vehicle. Good luck.
Oh yeah, some companies offer to combine deductibles for large events like this. Meaning, if you have your home and your autos insured by the same company, and one single event damages both the home and the vehicles (fire, hail, tornado, etc) they'll just apply the largest deductible of all the policies, for the entire loss.



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