HOW TO HANDLE YOUR FLORIDA AUTOMOBILE PROPERTY DAMAGE CLAIM

In Florida, property damage claims in motor vehicle cases follow a specific process, and the way they are handled can depend on whether you’re dealing with your own insurance company, another driver’s insurance company, or both. Here’s how the general process works:

1. Report the Accident

• Immediately after the accident, it’s important to call law enforcement, especially if the damage is significant or if there are injuries. The police will create a report, which can be used for insurance purposes.
• You should also exchange contact and insurance information with the other driver(s), including names, addresses, license numbers, and vehicle details.

2. File a Claim with Your Insurance Company and the Other Driver’s Insurance Company

• Damage to your vehicle is typically covered through the other driver’s Property Damage Liability, or your Collision or coverage.
• If the other driver is at fault, their Property Damage Liability (PDL) coverage may pay for your damage.
• Florida law requires a minimum amount of property damage liability insurance for all drivers (at least $10,000 in PDL coverage), but this may not cover all your damages in serious accidents. If the at-fault driver doesn’t have enough coverage, you may have to go through your own insurance (if you have collision coverage).

3. Determine Liability

• If the other driver was at fault, their insurance should cover the damage to your vehicle. However, you may need to prove liability.
• In some cases, where your own insurer covers the damage initially through your Collision Coverage, they will then seek reimbursement from the at-fault driver’s insurance (this is called “subrogation”).

4. Getting Your Vehicle Inspected

• Your insurance company or the other driver’s insurer will send an adjuster to inspect the damage to your vehicle. The adjuster will assess the damage and determine the cost of repairs or the value of your vehicle if it’s deemed a total loss.
• In Florida, a total loss involves a scenario where the cost to repair the vehicle exceeds 80% of the vehicle’s actual cash value.
• If there’s a disagreement over the value or repair costs, you may need to negotiate or even seek an independent appraisal.

5. Getting Into a Rental

• If the damage to your vehicle is disabling and it cannot be safely driven, you may need a rental vehicle.
• If you are processing the claim through your own collision coverage, you will be given a rental reservation, provided your policy includes rental coverage.
• If you are processing the claim through the other driver’s property damage liability coverage, then you may qualify for a rental reservation during the repair and/or total loss appraisal period.
• If you are awarded a rental, but do not elect to rent a vehicle, you may have an additional claim for “loss of use” damages.

6. Repairs and Payment

• Once the claim is processed, the insurance company will either pay the repair shop directly or send you a check.
• If the vehicle is a total loss, the insurer will pay you the current market value of the vehicle, minus any deductible (if applicable), plus the applicable sales tax on the vehicle, plus the cost to re-register a new vehicle

7. Diminished Value

• Although the mechanical and/or physical damage to your vehicle has been repaired, you may have concerns about your vehicle’s post-accident value.
• You may have a claim for “diminished value” that can be made against the other driver’s property damage liability policy.
• Diminished value is typically proven using the service of an independent appraiser, to whom we are happy to provide you with recommendation.

8. Deductibles

• If you’re using your own collision coverage to fix your car, you’ll likely have a deductible that you’ll have to pay out of pocket.
• If your own insurance company is successful in seeking reimbursement from the at fault driver’s insurance company, they will first reimburse you for any out-of-pocket expenses, including your deductible.

9. Disputes or Denials

• Sometimes, an insurance company may deny the claim or offer an amount that you feel is too low.
• If this happens, you can appeal the decision, seek legal help, or even file a lawsuit if necessary. Florida law allows you to file a lawsuit against the at-fault driver for property damage if the settlement isn’t satisfactory.

10. How we can help you

• In most situations, we find that our personal injury clients are best served by dealing directly with the insurance company to process their property damage claim. And, although we do not formally represent you in respect to your property damage claim, as a personal injury client, we are always happy to answer questions, help resolve disputes, help get you into a rental, and offer advice to help guide you through the property damage process.