What Makes a Car Totaled in Florida? Key Factors Insurers Consider
The Distasio Details:
- Florida law considers a car totaled when repair costs reach or exceed 80% of the vehicle’s pre-accident value.
- Insurance adjusters use repair estimates and ACV (actual cash value) to determine total loss, especially in cases of frame damage or hidden issues.
- If your car is declared a total loss, carefully review the insurerโs offer and seek professional, expert guidance whenever needed.
For many, what makes a car totaled after a Florida accident is entirely mysterious. In many cases, owners may find their vehicles look altogether fixable.
Yet, insurers often declare a total loss for cars with what appears to be minimal damage. Why do they do that? And how do they determine this?
Below, weโll analyze when insurers consider a totaled car, how to identify if your vehicle is totaled, and what steps to take next.
What Does it Mean for a Car to be โTotaledโ in Florida?
In Florida, a โtotaled carโ, also known as a โtotal loss car,โ is one where the cost to repair exceeds a specific threshold of the carโs actual cash value (ACV) just before the accident. State law sets the total loss threshold (TLT) to 80%. That means if the cost of repairing your vehicle is 80% or more of its pre-accident value, your insurer will typically declare it a total loss.
Why This Matters
Knowing what makes a car totaled helps you, as an accident victim, to anticipate how your insurance company will handle the claim. If your car is declared a total loss, your settlement is based on the pre-accident value of your vehicle, not the repair cost.
How Is a Totaled Car Determined?
Insurers’ Adjustment Process
After youโve filed a claim, an insurance adjuster inspects your car and estimates repair costs.
Theyโll also research your vehicle’s ACV, factoring in mileage, condition, age, and similar local sales. If the repair costs meet or exceed the 80% threshold, your car is considered totaled under Florida law (Fla. Stat. ยง 319.30).
Example Scenario
Say your carโs ACV is $10,000 and repairs will cost $8,000, then the vehicle will very likely be declared a total loss. This process is consistent across most insurance companies in the state.
Why Do Insurance Companies Total Cars with Little Damage?
It can feel shocking when your car, with what appears to be very minor damage, is declared a total loss. Insurers base their decision on economic practicality, not just visible damage. The reasons can include:
- Hidden structural or electrical issues, as these significantly increase repair costs.
- High cost of OEM (Original Equipment Manufacturer) parts, which is frequent in newer and luxury models.
- Diminished value, as even after repairs, the car may now be worth far less than before.
- Safety concerns, as insurers will want to avoid liability for unsafe repairs.
So, even when the visible damage looks insignificant, the underlying costs can result in your car being totaled.
How Long Does It Take to Determine if a Car is Totaled?
Several factors outside of your control can make the process move either very rapidly or several days:
- Availability of repair estimates
- Complexity of vehicle damages
- Insurer workload
You might get a total loss determination within a week in easier, more straightforward cases. It could take longer if there are disputes over value or delays in getting estimates. By Florida law, insurers must handle claims promptly and in good faith, so follow up if you feel your claim is delayed longer than it should.
Is a Car Totaled if the Frame is Bent?
A bent or damaged frame is a serious concern. While frame damage wonโt automatically mean a car is totaled, it often pushes the repair payments close to, or beyond the total loss threshold. Frame repairs are incredibly complex and expensive, and insurers may opt to total the car instead or risk future safety or costly follow-up repairs. If youโre wondering how to tell if your car is totaled after frame damage, a repair estimate compared to your carโs ACV will be the number one deciding factor.
What Happens to a Totaled Car and What are Salvage Titles?
If your vehicle has been declared a total loss, it will typically receive a salvage title. A salvage title suggests the car has been significantly damaged and deemed uneconomical to repair. The title is a legal designation affecting the carโs future use and value.
Main Elements About Salvage Titles:
- If the insurance company takes possession of the totaled car, they will apply for the salvage title. If you choose to keep the vehicle, you become responsible for obtaining the salvage title through the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).
- A car with a salvage title cannot be legally driven on public roads in Florida until it has been repaired and passes a thorough inspection to ensure it is roadworthy. After passing inspection, it may receive a โrebuiltโ title.
- Vehicles with salvage or rebuilt titles often face difficulties securing comprehensive insurance coverage. Additionally, financing options for such cars can be limited, as lenders may view them as too high-risk investments.
If you are currently considering retaining your totaled car or purchasing a vehicle with such a designation, itโs critical to understand the implications of these titles.
Are you seeking further information on what to do when your car is drivable but declared totaled? Check out our detailed blog: What Happens When Your Car is Totaled but Still Drivable?
Your Totaled Car Claim: What to Do Next
Surviving a car crash is always emotionally and physically overwhelming, facing a total car loss along with it can make it feel insurmountable. However, with knowledge by your side, knowing what makes a car totaled in Florida encourages you to advocate for yourself, your interests and lessen the risk of being caught by surprise during the process. If your car is declared a total loss, review the settlement offer meticulously and never hesitate to ask questions or seek a second opinion.
Count on Distasio Law Firm when dealing with the aftershocks of a car accident. Our experienced team is committed to holding wrongdoers accountable and guiding you through every aspect of your claim, so you can truly focus on what matters: the justice, compensation, and recovery you deserve.
As an ethical and trusted Tampa personal injury lawyer, Scott Distasio founded Distasio Law Firm in February of 2006, which focuses on all types of personal injury cases. He wanted to open a law firm that represented his belief that all firms should provide ethical and outstanding service to their clients.