Total Loss Claims

Is Your Insurance Company Refusing to Pay Enough?

Having your vehicle totaled in a car accident is bad enough. But when your insurance company doesn't offer fair value for your vehicle, it makes the situation worse.

What can you do?

Here are some practical first steps you can try to get more money offered for your total loss claim:

  1. Ask for the Valuation Report
  2. Research the Comparables on the Valuation Report
  3. Dispute Any Condition Adjustments on the Comparables
  4. Send Your Own Comparables to the Adjuster

Many insurance companies use a third-party valuation program to determine the value of your vehicle. CCCOne, Mitchell, and Audatex are the most common programs. The valuation method used by your insurance company may not comply with Florida law.

Florida Law on Total Loss Claim Settlement

Florida Statute 626.9743(5)

Florida Statute 626.9743(5) governs first party total loss claims - a total loss claim that you make with your own insurance company.

This section of the law gives three options for an insurance company to determine the value of your vehicle. Often, insurance companies do not comply with this law.

Actual Cash Value

Your insurance policy likely requires the insurance company to pay theĀ actual cash value of your vehicle.

Actual Cash Value is usually defined as "the replacement cost of the vehicle less depreciation or betterment." In many total loss claims, your insurance company will fail to offer you the actual cash value even though the policy requires them to offer this amount.

At Irvin & Irvin, we assist our personal injury clients with their total loss claim.

Whether your insurance company owes you more for your totaled vehicle requires a review of your policy, the valuation report and other documentation.

Call Us For A Free Consultation

What Our Clients Say

Rokeisha Moore
Rokeisha Moore
Andrew from Irvin & Irvin took my case with no problem. He let me dealt with my insurance and coach me how to respond when they were not making sense. Long story short, my car insurance company shorted me on the pay out of my total loss claim using bogus reports to compare like vehicles. Andrew file against and got back what was owe to me. All attorney fees against the insurance claim was invoice to the insurance company. I highly recommend consulting Irvin & Irvin when handling an insurance claimor any other legal matter.