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Total Loss Claims

Is Your Insurance Company Refusing to Pay Enough?

Our Law Firm May Be Able to Help

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 reports that are often used by insurance companies do not comply with Florida law.

If your insurance company refuses to negotiate with you, then contact our law firm for a free consultation.

Florida Law on Total Loss Claim Settlement

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.

Florida Statute 626.9743(5):

(a) The insurer may elect a cash settlement based upon the actual cost to purchase a comparable motor vehicle, including sales tax, if applicable pursuant to subsection (9). Such cost may be derived from:

  1. When comparable motor vehicles are available in the local market area, the cost of two or more such comparable motor vehicles available within the preceding 90 days;
  2. The retail cost as determined from a generally recognized used motor vehicle industry source such as:

a. An electronic database if the pertinent portions of the valuation documents generated by the database are provided by the insurer to the first-party insured upon request; or

b. A guidebook that is generally available to the general public if the insurer identifies the guidebook used as the basis for the retail cost to the first-party insured upon request; or

c. The retail cost using two or more quotations obtained by the insurer from two or more licensed dealers in the local market area.

3. The retail cost using two or more quotations obtained by the insurer from two or more licensed dealers in the local market area.

....
(c) When a motor vehicle total loss is adjusted or settled on a basis that varies from the methods described in paragraph (a) or paragraph (b), the determination of value must be supported by documentation, and any deductions from value must be itemized and specified in appropriate dollar amounts. The basis for such settlement shall be explained to the claimant in writing, if requested, and a copy of the explanation shall be retained in the insurer’s claim file.

Our Law Firm Specializes in Total Loss Claims

At Irvin & Irvin, we advocate for clients when their insurance company refuses to pay enough for their total loss.

We represent clients on contingency in their property damage claim.

This means we never require payment upfront and only are paid if we make a recovery for you.

Under Florida Statute 627.428, your insurance company owes you attorneys' fees, in addition to your claim, if you have to file a lawsuit and are successful.

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

To Discuss Your Property Damage Claim

What Our Clients Say

Jose Marti
Jose Marti
22:26 24 Sep 20
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
mark sharek
mark sharek
20:03 26 Sep 19
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.
Itzme Orozco
Itzme Orozco
19:06 03 Jun 19
Andrew is such a great attorney I just loved how fast he worked out my case. I had so much trouble with my insurance adjuster to pay for my total lost. Adjuster would not even aswer my calls. I was so worried that I would be stuck with a loan and no car. Andrew always help me he answered my questions calls, & email asap. I would definitly recommend this Great attorney . He is so profesional.
Paul Freeman
Paul Freeman
14:57 14 Sep 18
I worked with attorney Andrew Irvin to reach a fair settlement for the total loss of my vehicle in an accident. The insurance adjusters gave me a difficult time, but Mr. Irvin shared his knowledge and expertise and helped me fight their dishonest negotiation tactics each step of the way. I would recommend him to anyone dealing with similar property damage claims.