Yes, you can sell a flooded car in Louisiana, but you have to tell the buyer in writing about the flood damage. If you don’t, the buyer can sue to undo the sale for up to one year.
What you’re allowed to do also depends on the title. A car your insurer totaled in a declared disaster has a different title than one that simply sat in water.
What Louisiana calls a water-damaged vehicle
The law has a specific definition. A “water-damaged vehicle” is one whose power train, computer or electrical system was damaged by flooding and that is a “total loss.” A total loss means damage of 75% or more of market value, measured by the current NADA guide. Both definitions are in R.S. 32:702.
Certificate of Destruction
If your insurer totals a flood car from a gubernatorially declared disaster or emergency, the title becomes a Certificate of Destruction. R.S. 32:702 says it can be reassigned at most two times before the car is dismantled.
The rules in R.S. 32:707.3 are strict:
- The insurer applies for the certificate within 30 days of settling the claim.
- The car can never get a salvage or reconstructed title.
- It can’t be registered or sold as a retail unit.
- It must be dismantled, parted out or crushed.
An insurer may also choose a Certificate of Destruction when the total loss didn’t come from a declared disaster, per OMV Policy 76.01. That’s the insurer’s call, not yours.
Flood damage with a regular title
Plenty of flooded cars never reach a total-loss settlement. Maybe the owner’s insurance didn’t cover flood damage. Maybe the damage fell under 75%. OMV Policy 76.00 says any water damage to the power train, computer or electrical system calls for a water-damage brand on the title when the car doesn’t meet the salvage or Certificate of Destruction rules. It applies to dealers and to individuals.
What every seller has to disclose
The duty isn’t limited to dealers. Under the same policy, no dealer “nor any person or entity selling a vehicle in Louisiana” may transfer a vehicle without written notice of any flood damage. A private seller uses form DPSMV1637, signed by both people. If you don’t disclose, the buyer has one year to sue to rescind the sale.
This is why a quick “it runs fine” to a neighbor is a bad idea.
What happened to your car, what title you have, who can buy it
| What happened to your car | The title you have | Who can buy it |
|---|---|---|
| Insurer totaled it after a flood in a declared disaster | Certificate of Destruction | Only someone who will dismantle, part out or crush it. It’s never titled again. |
| Insurer totaled it, no declared disaster | May be a Certificate of Destruction if the insurer elects one | Ask your insurer which title you’ll get, then match it to this table. |
| Flooded, no total-loss claim or under 75% damage | Regular title, with the water-damage brand OMV policy calls for | A private buyer only with written disclosure on DPSMV1637, or a dismantler. |
| Wet, but no damage to the power train, computer or electrical system | Regular title | Anyone, under the usual rules for a title transfer. |
Flood cars from other states can’t be retitled here
Under R.S. 32:707, OMV denies a Louisiana title, other than a Certificate of Destruction, for a vehicle last titled or registered in another state if it’s water damaged. So a flooded car brought in from out of state can’t simply get a fresh Louisiana title.
Why a dismantler is the clean route
A flood car sold to a driver goes back on the road, with the disclosure duty and the one-year risk attached. A car sold to a dismantler gets taken apart or crushed. It doesn’t go back to a driver. That’s our reasoning, not a line from the statute.
Why this matters in Greater New Orleans
Floods here don’t need a hurricane. On August 5, 2017, Mid-City got 9.43 inches of rain, the highest gauge in the city, according to NOLA Ready. In Chalmette, where our yard sits, Katrina flooded fully 95 percent of St. Bernard Parish. During Ida, the National Weather Service issued a Flash Flood Emergency for LaPlace on August 29, 2021.
If you’re buying a used car around here, ask whether it was ever in water. If you’re selling one that was, the paperwork above applies to you.
What to gather before you call
You don’t need everything, but these help us give you a straight answer. Find the title and look at what’s printed on it. Note whether an insurer declared the car a total loss, and when. Write down the year, make and model. Take a few photos of the car where it sits, including the water line if you can see one.
Call or text us
Cars we buy go to a towing and salvage yard on Paris Road in Chalmette, in business about 38 years. We’ll tell you straight whether we can take your car.
Call or text us at (504) 708-5950 and tell us the year, make and model, its condition, which title you have (regular, water-damage brand or Certificate of Destruction), and where the car is.