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HomeInsurance CodeDiv. 2Pt. 1Ch. 1Art. 5§ 1974 Abandonment Invalid When Loss Not Total

§ 1974 Abandonment Invalid When Loss Not Total

Insurance Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1974 Abandonment Invalid When Loss Not Total

This law says you can't give up on an insurance claim if the facts you used were wrong or if the damaged thing gets fixed enough that it's not a total loss.

Key Takeaways

  • •Abandoning a claim only works when the information you used is correct.
  • •If the damaged property is repaired enough that it isn’t a total loss, the abandonment is void.
  • •Wrong or changed facts make the abandonment ineffective.

Example

You tell your insurer your car is completely destroyed after a crash and decide to abandon the claim, but later the car is repaired and is drivable.

Because the car was fixed and wasn't a total loss, your decision to abandon the claim doesn't count under this law.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1974 Abandonment Invalid When Loss Not Total

Where the information upon which an abandonment has been made proves incorrect, or the subject matter of insurance is so far restored when the abandonment is made that there is in fact no total loss, the abandonment is not effective. (Enacted by Stats. 1935, Ch. 145.)

Last verified: January 11, 2026

Key Terms

abandonmenttotal losssubject matter of insurance

Related Statutes

  • § 1971 Constructive Total Loss
  • § 1961 Total Loss Types
  • § 1962 Actual Total Loss Causes
  • § 1970 Marine Insurance Abandonment
  • § 1972 Abandonment Cannot Be Partial

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Insurance Code. Section 1974.
View Official Source