What If My Car Is Totaled In An Accident In Florida?
Bill Allen | March 24, 2025 | Car Accident Lawyer Near Gainesville Florida
If you’ve been in a car accident and your vehicle gets badly damaged, you might get a report that the car is totaled. This report affects what happens next. Here’s what you need to know about a totaled car in Florida. A car is “totaled” when fixing it would cost more than a certain percentage of what the car is worth.
What Does It Mean When A Car Is Totaled?
A car is “totaled” when fixing it would cost more than a certain percentage of what the car is worth. In Florida, the threshold is 80%. For example, if your car is worth $10,000 and repairs would cost more than $8,000, the insurance company will call it a total loss.
This 80% rule comes from Florida Statute Section 319.30, which spells out when cars count as total losses. All insurance companies have to follow this law, though some might use an even lower percentage.
Figuring out what your car was worth before the crash can get tricky. Insurance companies look at the following:
- How old your car is
- How many miles it has
- What shape it was in before the crash
- What special features it has
- What similar cars are selling for near you
- What’s happening in the car market right now
Insurance adjusters use specialized guides or computer programs to figure out values.
When A Car Is Totaled, What Happens With The Car?
After your car is declared a total loss, here’s what happens next.
Insurance Settlement Process
First, your insurance company will offer you money based on your car’s value minus your deductible. This is where car accident claims often get tough. Many people think this insurance offer is too low. If you’re not happy with it, you can try to negotiate for more.
Your Options When Insurance Says Your Car Is Totaled
You have three main choices:
- Take the insurance money and give up your car.
- Keep your damaged car and take less money (because your car still has some salvage value).
- Fight the total loss decision if you think your car can be fixed.
A car accident lawyer can help you decide on the best option for your case.
What Happens To Totaled Cars?
When an insurance company takes a totaled car or truck, it will probably send it to a salvage auction. A salvage yard or repair shop might purchase it at the auction.
Gap Insurance And Loans
Here’s something important: If you still have a car loan and the insurance money doesn’t cover what you owe, you’ll have to pay the difference. This is why gap insurance can be so helpful — it pays that difference for you.
Florida Law Total Loss Vehicle Requirements
When an insurance company says your car is totaled, it must apply for a salvage title. But if you want to keep your totaled car, you’ll need to get a salvage title yourself. Until your car is roadworthy again, it’s against the law to drive it on public roads.
The law also says that if the insurance company decides to repair your car instead of totaling it, it must make sure the repairs bring your car back to how it looked and worked before the crash. Any replacement parts must be at least as good as the original parts.
What Happens When Your Car Is Totaled And It’s Not Your Fault?
When someone else crashes into you and totals your car, you can file a claim with the other driver’s insurance. While Florida is a no-fault state for injuries, property damage still gets handled by the at-fault driver’s insurer.
Totaled Vehicles In Florida
Having your car totaled makes a car crash even more stressful. However, understanding how the process works helps you handle it better and get fair payment. The most important things are to stay informed, keep good records, and be prepared to negotiate with the insurance company.
Contact Our Gainesville Car Accident Law Firm at Allen Law Accident & Injury Lawyers in North Central Florida
If you need legal assistance, contact the Gainesville car accident lawyers at Allen Law Accident & Injury Lawyers at your nearest location to schedule a free consultation today, we’re open 24 hours daily.
We have three convenient locations in Marion County and Alachua County, North Central Florida:
Allen Law Accident & Injury Lawyers – Gainesville Office
2550 SW 76th St #150
Gainesville, FL 32608
(877) 255-3652
Allen Law Accident & Injury Lawyers – Downtown Gainesville
621 W University Ave
Gainesville, FL 32601
(866) 928-6292
Allen Law Accident & Injury Lawyers – Ocala Office
112 S Pine Ave
Ocala, FL 34471
(352) 351-3258
