REQUIRED INSURANCE
Every Florida driver must carry Property Damage Liability (PDL) insurance (minimum $10,000), which covers damage the insured driver causes to others’ property.
IMMEDIATELY AFTER THE CRASH
Immediately after a crash, it is important that you call law enforcement, and exchange information with the other driver, including names, contact information, and insurance coverage details. You should also take photos of the damage to both vehicles, and of the accident scene. Appropriate medical care should also be sought, including emergency services where warranted.
FILE A PROPERTY DAMAGE CLAIM
You may file a claim with:
The at-fault driver’s insurance
- Their property damage liability coverage should pay to repair or replace your vehicle and other damaged property.
- It will be based upon the adverse insurance company accepting fault or liability for the crash.
- Their coverage may be insufficient to pay the full amount of damage to your property.
Your own insurance
- If the other driver’s insurance company is denying liability, or their liability coverage is insufficient, and you have collision coverage, your insurer can pay for damage to your vehicle.
- Your insurer may then pursue the at-fault insurer for reimbursement, otherwise known as “subrogation”.
- A vehicle is usually a total loss if repair costs exceeds 80% of its pre-accident value.
- If you use your own collision coverage, you pay your deductible up front.
- If your insurer successfully recovers from the at-fault driver’s insurer, you may get your deductible reimbursed.
REPAIR VS. TOTAL LOSS
If your car is repairable, the insurer pays for the repair cost. If it’s a total loss, you receive the actual cash value of the vehicle, plus compensation for sales tax, and the cost to re-register a replacement vehicle.
RENTAL CAR
If your vehicle is not drivable, you may be entitled to a rental car under:
Your own coverage (if you purchased rental reimbursement).
The at-fault driver’s PDL in some cases.
If you don’t rent a car, you may sometimes claim “loss of use” for transportation costs.
DIMINISHED VALUE
Even after repairs, your car may be worth less than before. You can often seek diminished value compensation from the at-fault driver’s insurer, typically requiring an independent appraisal.
It is important to note that we are exclusively a personal injury law firm and as such, we do not accept employment to handle property damage lawsuits. However, as an added value to our personally injury clients, we are available to provide guidance and assistance to assure that your property damage claim is handled smoothly and that you receive just compensation for your property damage claim.
While our firm focuses exclusively on personal injury cases and does not take on property damage lawsuits, we believe in supporting our clients every step of the way. As a courtesy to our personal injury clients, we are happy to provide guidance and assistance throughout the property damage claims process to help ensure it goes smoothly and that you receive fair compensation for your vehicle or other damaged property.
PROPERTY DAMAGE CHECKLIST
To help you successfully navigate the property damage claims process, we’ve created a helpful checklist you can download and use as a guide. If you have questions about your property damage claim or need assistance along the way, contact our office—we’re here to help.
