Kibbey Wagner Injury & Car Accident Lawyers | February 14, 2025 | Car Accidents
Car accidents can cause severe property damage. The insurance company appraises the damage to your vehicle to determine whether the vehicle can be repaired or if it is a total loss. Knowing what happens when your car is totaled can help protect your rights after a car accident.
What Does Totaled Mean After a Car Accident in Florida?
What does it mean when insurance totaled my car after a crash? “Totaled” means a total loss. The insurance company has determined that it will cost more to repair your vehicle than the car is worth.
However, the insurance company might determine your vehicle is totaled even when the damages do not exceed the vehicle’s value. In these situations, the question becomes, “When do they total your vehicle in Florida?”
Insurance companies have different standards for totaling a vehicle. For example, if the cost to repair the car exceeds 80% of the value of the vehicle, the insurance company may total the car, as is generally the case in Florida. The percentage threshold varies by state.
What Does It Mean When Your Car Is Totaled in Florida?
The insurance company will pay you the fair market value of the vehicle instead of paying to repair the vehicle. Fair market value is the value of the vehicle in the marketplace. Factors that contribute to a vehicle’s fair market value include:
- The year, make, and model of the vehicle
- The vehicle’s mileage at the time of the crash
- The general condition of the vehicle
- Added options and special equipment
- The market prices in your area
- The demand for the type of vehicle
If your car is totaled and you still owe a lien on the vehicle, the insurance company issues the check to you and the lender. Therefore, if you owe more money on your car than it is worth, you receive nothing for your vehicle. Additionally, you owe the remaining amount on the loan.
It is important to note that the insurance company is only liable for property damages up to the policy limits. Therefore, the insurance payment may not cover the full value of your vehicle.
What Happens to My Vehicle if the Insurance Company Totals the Car After an Accident?
Generally, when an insurance company totals a vehicle, you sign the vehicle over to the insurance company. Until your property damage claim is settled, the vehicle is typically stored. Storage fees can add up very quickly. The sooner you settle your property damage claim, the sooner you can get the vehicle out of your name. After the vehicle is transferred to the insurance company, the company is responsible for storage fees and costs.
Can I Settle a Property Damage Claim for My Totaled Vehicle Without Settling a Personal Injury Claim?
A property damage claim is separate from a personal injury claim. You can settle your property damage claim for your vehicle without settling a personal injury case. However, read all documents carefully before signing. You need to ensure the document contains no language releasing a personal injury claim.
Your personal injury claim may include economic and non-economic damages related to your injuries. The damages include medical bills, out-of-pocket expenses, and lost wages. It also includes compensation for pain and suffering, emotional distress, diminished quality of life, and permanent impairments.
The value of your personal injury claim depends on the factors of your case. However, the damage to your vehicle can be a factor that supports how much your case is worth. Generally, the more damage to the vehicle, the higher the risk of catastrophic injuries.
Therefore, the insurance company may treat your personal injury claim more seriously if your vehicle is totaled after a car accident. However, never assume the insurance company will offer a fair settlement, even if your vehicle is totaled. It is wise to consult an attorney before accepting a car accident settlement for a personal injury claim.
Seek Legal Advice About Property Damage Claims After a Car Accident
Property damage claims can be complex. Because of Florida’s no-fault insurance laws, the at-fault driver may not have liability insurance coverage. Even though you have insurance coverage, your insurance company may challenge your claim. If you need help, contact Kibbey Wagner Injury & Car Accident Lawyers for a free consultation with a Port St. Lucie car accident lawyer.
Contact Kibbey Wagner Injury & Car Accident Lawyers For Help Today
For more information, please contact the Stuart, Port St. Lucie, or Palm Beach Gardens personal injury law firm of Kibbey Wagner Injury & Car Accident Lawyers to schedule a free consultation today.
We proudly serve Martin County, St. Lucie County, Palm Beach County, and its surrounding areas in Florida:
Kibbey Wagner Injury & Car Accident Lawyers Stuart
73 SW Flagler Ave
Stuart, FL 34994
(772) 444-7000
Kibbey Wagner Injury & Car Accident Lawyers Port St. Lucie
1100 SW St. Lucie West Blvd. Ste 202
Port St Lucie, FL 34986
(772) 247-3374
Kibbey Wagner Injury & Car Accident Lawyers Palm Beach Gardens
300 Avenue of the Champions Ste 220
Palm Beach Gardens, FL 33418
(561) 944-4000
