It depends on how old your vehicle is. To minimize “chop shop” crime, Illinois law lets you keep a totaled vehicle only if it is nine years old or older. In that case, your insurance company may, but is not required to let you keep your vehicle. If you have a newer vehicle, you must give the vehicle and clear title to your insurance company before they can settle your claim. Refer to our fact sheet Total Loss Auto Claims with Your Insurance Company (Rule 919 Exhibit A – Rights of Recourse) for more information.