Someone hit my car. Their insurance company wants to total it. How long can I drive it before they take it away? I hope you'll bear with me. This will take some explaining: Here in Pennsylvania, my '97 Nissan Sentra was fender-bent by a nice person who left a note under my wipers. As an older vehicle, the Nissan's repair costs are higher than its value... by a little bit. I had the car checked and it's mechanically sound, safe, and even capable of passing an ordinary PA state inspection. However, the insurance company wants to declare it a total loss and take it off my hands. I could buy it back from the insurance company after they pay me for it, but then the car would be considered a "reconstructed vehicle". Here in PA that means a special, expensive, rigorous inspection designed to keep hucksters from selling totaled lemons to grannies. Passing that one could be hard for any ten year old car, I gather. On the phone with the insurance company I've noticed that the representatives have been, well, coy about putting a date on when I have to decide what to do with my vehicle. I've been warned that waiting too long and building up mileage on the car will lower its value and hence diminish the eventual insurance payout. Which brought the question: Me: So, ah, hypothetically speaking, what happens if I drive it around for, say, two years and then make up my mind? Rep: I don't like to deal in hypotheticals... She went on to say that the claim would be closed and reopened, and then repeated her warning about the car's value dropping with more mileage. But she didn't fit a deadline. Does this mean that, basically, I can drive my car around until I was planning to get rid of it anyway, and assuming I don't have an accident, the insurance company is obliged to buy it when I'm done with it for what it would be worth without the big dent? Here are the questions I need help with: First, see question above. Then, assuming the answer is yes, Is it ethical? Some thoughts about who's involved: the insurance company would be paying me anyway---now they can hold onto the money longer and invest it, then pay me less money in the end. The company might also choose not to raise the rates of the at-fault party until the payment---good for the at-fault party now, but perhaps an unexpected surprise later on. I'm owed money for my loss, but if my plans haven't really changed, how much of a loss is it? (Trade-in value, I suppose...) Is it legal? This I can't answer... perhaps there's a statute of limitations? But the claim is already filed... it's just on hold. (YANAL, I know...)