A car accident happens every 84 seconds in Florida.
That means more than 1,000 accidents every single day. If you’ve recently had your car totaled in one of these crashes, you’re likely wondering: can I sue for my losses?
The short answer is yes — but the path to compensation can be complex, especially in a no-fault state like Florida. There are many factors to consider, from the extent of your injuries to who was at fault and whether your case qualifies to go beyond insurance claims.
If your car was totaled in a car accident, there is nothing stopping you from suing the at-fault driver in Florida. However, first, It is important to understand what exactly it means to have a car “totaled” and how Florida’s laws will impact your ability to sue.
If you think you have a car accident case, call car accident lawyer Prosper Shaked today to schedule a free consultation on your claim.
How Do I Know If My Car Is Totaled?
A car is considered “totaled” by an insurance company when the cost to repair the vehicle exceeds a certain percentage of its actual cash value (ACV) before the accident. The ACV represents the car’s worth just before the accident, considering depreciation, mileage, and condition.
In many states, including Florida (Florida Statutes 319.40), the vehicle is generally declared totaled if the cost to repair it reaches 80% of its ACV. This threshold can vary slightly depending on the insurance company and state regulations. For example, if your car’s pre-accident value is $10,000 and the estimated repair costs are $8,000 or more, the insurance company will likely declare it totaled.
Once a car is considered totaled, the insurance company typically offers the vehicle’s ACV minus any deductible instead of covering the repair costs. Remember that if you owe more on your vehicle than it’s worth, you may still owe money on your loan or lease even after the payout.
If your car is totaled and you disagree with the insurance company’s valuation, you can dispute it. You can provide documentation of the car’s value before the accident, such as recent repairs or market values for similar vehicles in your area, to negotiate a higher payout.
When Can You Sue for a Totaled Car in Florida?
Florida’s no-fault law can make it seem like lawsuits are off the table for most car accidents, but that just isn’t true. If the other driver was responsible for the crash and you or your attorney are unable to negotiate a resolution for the repair or the cash value of your vehicle if it was totaled, you can file a lawsuit at any time. It is much cheaper, quicker and efficient to settle the vehicle damage claim with the at-fault party’s insurance carrier, but sometimes the insurance company just doesn’t want to pay fair value or they deny liability explaining that the accident was not their insured’s fault. In both of these situations, a lawsuit may be your only option.
Handling the Insurance Company After Your Car is Totaled
Dealing with insurance companies after a car accident is frustrating, especially when your car has been totaled. Insurance adjusters often want to settle claims quickly and for as little money as possible, leaving you feeling short changed—especially when you are still trying to get back on your feet.
The first thing to know is that you don’t have to accept the initial offer from the at-fault driver’s insurance company. In fact, it’s often in your best interest not to. Many times, these first offers are lowball attempts to get you to settle before you fully understand the extent of your injuries or the costs associated with replacing your vehicle.
Additionally, if your car is totaled, you’ll want to make sure you’re getting the fair market value for your vehicle, not just what the insurance company decides it’s worth. Keep in mind that Florida’s insurance laws require insurers to pay the actual cash value of your car, which is the amount your car was worth before the accident. If the insurance company’s offer doesn’t seem fair, you can dispute it. The at-fault parties are also responsible for paying for the loss of use of your vehicle, any rental expenses incurred, any other property that was damaged, any diminution of value of the vehicle if it was repairable, and even the value of the fuel that was inside of your totaled vehicle at the time of the crash.
Here’s where having an attorney can be invaluable. An experienced car accident attorney can help you negotiate with the insurance company to get a fair settlement or, if necessary, file a lawsuit to recover the compensation you deserve. Insurance companies are far more likely to take your claim seriously when you have legal representation.
Call Our Florida Car Accident Lawyer for a Free Legal Consultation
If you or a loved one was hurt in a car accident that totaled your vehicle, talk to an attorney right away. The damages and injuries that you face could be extremely serious after a dangerous accident like this, and you might be entitled to substantial compensation.
For a free consultation with our Florida personal injury lawyer, contact Prosper Shaked Accident Injury Attorneys PA today at (305) 694-2676.