Your Florida Car Accident Property Damage Claim

If you have been injured in a car accident, you are probably not only dealing with the pain and medical expenses resulting from the car accident but a slew of other problems as well. The other aspect of an auto accident case is property damage to the vehicle. You probably have all kinds of questions about what to do to get the most compensation possible for the damage done to your car, exactly what is and is not covered under insurance, and who is responsible for paying.

Under Florida law, you are required to purchase a minimum of $10,000 in property damage liability coverage. Therefore, if the other driver was to blame for the auto accident, then the other driver's insurance company should be responsible for any damage to your automobile. However, if the other person's insurance company rejects your claim and refuses to pay for the entire accident, and if you have collision coverage on your own auto insurance policy, you can pursue reimbursement through your insurance company but you will be responsible for paying the deductible. In the event the other person's insurance company accepts a portion of responsibility for the accident, then the insurer should pay for your expenses the percentage equal to the amount the person's fault.

You are probably now asking what kind of compensation you are entitled to for your property damage. The answer turns on the damage to your vehicle and the specific terms of your insurance policy. If your car is totaled, then you are entitled to the cash value of your automobile as it was prior to the accident. Keep in mind that this is not the same as the Kelley blue book value. Instead, it's the amount that you would be required to pay in your geographical location for a vehicle in substantially the same condition with a comparable number of miles.

Another option if your vehicle is totaled is to keep the totaled vehicle and deduct the salvage value of your totaled vehicle from your settlement monies. For example, assuming your parts and scrap metal from your totaled car is sold for $500, then you are entitled to receive the actual cash value of your vehicle minus the $500.

Often, an auto accident victim's car is damaged but not to the point where it is totaled and a victim is left wondering what kind of remedies they have then. In general, if the cost to repair your automobile is more than 80% of its cash value, it is declared a total loss. Should the cost of auto repair is less than 80% of the cash value of the car, then you would be entitled to the cost of the car repair in addition to downtime. "Downtime" on an automobile that is drivable is the reasonable rental value for the amount of time it reasonably takes to make repairs on the vehicle. "Downtime" on an automobile that is not drivable is the reasonable rental value from the date of auto accident until the repairs are completed.

If you purchased additional coverage as part of your insurance policy, such as towing insurance, then you may be entitled to reimbursement for additional expenses such as towing expenses. Should you have to rent a vehicle, ask if the insurance company carries any discount arrangements with car rental companies. Ideally, the rental company can send its bill directly to the insurance company. If that is not an option, then the insurance company will reimburse you for your car rental expenses.


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Ryan Rooth is a Florida auto accident lawyer who can help you navigate through the intimidating world of personal injury law. If you have been hurt in a car accident or have questions about your insurance claim, get your FREE e-book providing help on your Florida auto accident case, available at =>

http://www.stpetersburgautoaccidentlawyer.com