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.

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What Our Clients Say

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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.
Last year I was involved in a bad car accident and the owner of the body shop recommended I call Attorney Andrew Irvin as the insurance company was not paying the total loss claim. The best advise ever.From the moment you meet him he is very attentive and walks you through the entire process.After filling the lawsuit against the Insurance company and battling them for almost 6 months, we received notice that the Ins Company had gone under and closed its doors. That meant that now we had to go through the state insurance program. That resulted in Andrew not being able to claim his fees.Regardless of those news, Andrew told me that he was going to continue the case until it was finished even when he was not getting paid. I offered emphatically to pay him out my pocket, but he strongly refused.Today, one year later, we got the settlement from the State and the case is resolved, and all along Andrew stood by me, advising me, fighting the leasing company and pushing the state to pay.This is something you don't see any more. Needless to say that Andrew has forever gained my trust, respect and friendship.If you are reading this, and find yourself in need of a true devoted Attorney, just call Andrew, he will take good care of you as he did with me and my family. I am forever in his debt.Thank you Andrew
Irvin & Irvin took great care of my family when our insurance company refused to pay the total bill to our collision repair center. This was almost a $4,000.00 bill. Mr. Andrew Irvin took our case and gor us every penny back. He kept us in the loop of what was going on, and handled the situation in a timely manner. Thank You Andrew for your help and advice.