Total Car Loss Claims in Florida

total loss car insurance settlement florida

The risks of being involved in a car accident may surprise you. According to data published by the Florida Highway Safety and Motor Vehicle Department, during the 4-year period from 2018 to 2021, the average number of vehicle crashes in Florida exceeded 387,000 per year. A total of 401,179 crashes occurred in the state during 2021 alone.

Many car crashes result in extensive damage to the vehicles involved. But even a seemingly minor auto accident can be very traumatic. When your car or truck is damaged in a crash, you may experience a number of financial and personal setbacks.

Auto Insurance

Auto insurance is a financial product that you can purchase to protect yourself from the costs associated with repairing or replacing your vehicle, medical bills, and other expenses in the event of an accident. When you buy insurance, you do so with the expectation that if you must make a claim, your insurer will treat you fairly and will pay the claim in conformance with the law. Too often, however, especially when a car is rendered a “total loss,” insurance companies fail to do so. What then?

What happens when an insurance company totals a car

If your car has been so badly damaged in an accident that it cannot be repaired and safely driven, your insurance company may declare it a total loss. Under Florida law, a vehicle may be declared a total loss if the cost of repairing the damage is greater than 80 percent of the car’s pre-crash “actual cash value.” Under Florida law, the actual cash value of a damaged vehicle is its pre-crash fair market value, or replacement cost (actual cost to purchase a comparable motor vehicle) minus depreciation.

Amounts covered by insurance policies are determined by state law and the terms of the policy.

If your vehicle is declared a total loss, under Florida law, your insurance company is required to replace the vehicle or pay you the actual cash value of the vehicle, less any applicable deductible. Actual cash value under Florida law includes applicable sales taxes.

Insurance companies often neglect to include some or all of the following costs and fees when settling total loss claims:

  • Sales tax
  • Title transfer fees
  • Vehicle registration fees
  • License plate transfer fees
  • Other mandatory Florida fees

If your settlement does not include all of the costs and fees related to your total loss, you may have a claim for those additional amounts. Where it appears that the insurance company has failed to include these items as a general practice, moreover, a class action lawsuit may be appropriate to recover on your behalf and for all other persons similarly affected. And for that, Anderson + Wanca can help.

Call Anderson + Wanca for Total Loss Vehicle Claims in Florida

Anderson + Wanca is a boutique class action litigation law firm. Our consumer rights attorneys at Anderson + Wanca have years of experience with class action litigation, including fighting for the rights of insured whose total loss claims have been improperly underpaid. If you believe you have been wronged by an insurance company in connection with your total loss claim, or if you just want to be sure you have been offered a proper settlement, contact our attorneys at Anderson + Wanca. We will review your insurance policy, settlement documents, and the invoice for your replacement vehicle to see if you are being offered a fair settlement and, if not, to determine if there is a potential for a class action claim that our firm could advance on your behalf at no monetary cost to you.

Contact us today. Call Anderson + Wanca at (888) 505-0953 or email us at to set up a free consultation regarding your total loss claim.

Anderson + Wanca works with licensed attorneys in Florida and throughout the United States.


Total Vehicle Loss

If you have sustained a total vehicle loss in the state of Florida, we would be happy to review your settlement documents, your insurance policy, and the invoice for your replacement vehicle to determine if there is a potential for a class action claim.

Contact us today by submitting the form below.