What Should You Do After Your Car Is Totaled in a Miami Accident?

A serious car accident in Miami can leave you dealing with injuries, a totaled vehicle, and a lot of questions. You may be wondering whether you are hurt, how you will replace your car, and who will be responsible for the costs of the crash.

In the aftermath of an accident, there are steps you can take to protect yourself, your passengers, and your legal rights. Knowing what to do can also make it easier to document what happened and understand your options if you later decide to pursue a claim. Morgan & Morgan can review the circumstances of your Miami accident and help you determine what steps may come next.

After an Accident: First Steps

Immediately after an accident, your first steps depend on how seriously you or anyone else is injured. If you are badly hurt, do not move or do anything that could put your safety or well-being at greater risk. Otherwise, take these steps if you can do so safely:

• Report the accident. Call 911 if anyone is injured or the crash involves significant property damage. Florida law generally requires a crash to be reported immediately when it results in injury, death, or apparent property damage of at least $2,000. If the vehicles are blocking traffic and can be moved safely, move them to a safer location. If law enforcement does not investigate a crash that is subject to reporting requirements, additional written reporting requirements may apply.
• Exchange information. Get the other driver’s name, contact information, vehicle information, and insurance details. Note the make, model, color, and license plate number of the other vehicle.
• Get medical treatment. Even if you feel relatively well after the accident, pay attention to any pain or other symptoms that develop and seek medical care when appropriate. Some injuries may not be immediately apparent. Delaying treatment can also affect your ability to obtain certain insurance benefits and may make it harder to connect your injuries to the crash.
• Gather evidence. If possible, take photos or videos of the vehicles, visible damage, the accident scene, road conditions, traffic signs or signals, and anything else that may help document what happened. You should also get the names and contact information of any witnesses at the scene.

How Is a Car Declared a Total Loss in Florida?

After a serious accident, your insurance company may determine that repairing your vehicle does not make financial sense and declare it a total loss. This generally happens when the cost of repairing the vehicle is high compared with what the vehicle was worth before the crash.

Florida law includes specific definitions for when a vehicle is considered a total loss. For an insured vehicle, a total loss generally occurs when the insurance company pays the owner to replace the damaged vehicle with one of like kind and quality. Florida law also provides an 80% repair-cost threshold for certain uninsured vehicles. If the cost of repairing or rebuilding the vehicle is 80% or more of the cost of replacing it with one of like kind and quality, the vehicle is considered a total loss.

An insurance company and vehicle owner may also agree to repair a damaged vehicle rather than treat it as a total loss in some circumstances. If your insurer declares your car totaled, the next question is usually how much the vehicle was worth before the accident and whether the insurer’s valuation is fair.

What a Total Loss Means for Your Payout

If your car is declared a total loss, the insurance company will generally determine its actual cash value (ACV), which reflects what it would cost to replace your vehicle with a comparable one at the time of the accident, taking depreciation into account. Factors such as the vehicle’s make, model, year, mileage, condition, features, and local market prices may affect the valuation.

In some circumstances, you and the insurance company may agree to repair the vehicle rather than treat it as a total loss. Florida law includes specific title requirements for vehicles in these situations. For example, if the actual cost of repairs exceeds the cost of replacing the vehicle with one of like kind and quality, the title must be branded “Total Loss Vehicle.”

If you financed or leased your car, the insurance payment may also involve the lender or leasing company. If you owe more on the vehicle than the insurance settlement covers, you may remain responsible for the difference. Gap coverage may help pay some or all of that remaining balance, depending on the terms of your policy or agreement.

Challenging a Total Loss Valuation

If you believe the insurance company’s total loss offer is too low, you can challenge the valuation and provide documentation supporting a higher amount. Florida law allows insurers to determine actual cash value using comparable vehicles, recognized vehicle valuation databases or guidebooks, or quotations from local automobile dealers.

You may be able to support your position with information such as:

• Listings or prices for comparable vehicles with similar mileage, condition, features, and model year
• Maintenance or repair records showing the vehicle’s pre-accident condition
• Documentation of recent upgrades or improvements
• Information showing that the insurer used inaccurate mileage, options, condition, or other details in its valuation

Ask the insurer to explain how it calculated the value of your vehicle and review the valuation report carefully for errors. Florida law also requires certain valuation deductions and alternative valuation methods to be documented and explained upon request.

If you and the insurance company cannot agree on the amount, you may be eligible for mediation through the Florida Department of Financial Services or may be able to submit an insurance concern for additional assistance.

When to Talk to a Miami Car Accident Attorney

Your injury claim and your vehicle damage claim involve different losses after a crash. Compensation for medical expenses, lost income, pain and suffering, and other injury-related damages is separate from what may be paid for repairing or replacing your vehicle.

Be cautious before signing a settlement agreement or release that appears to resolve all claims arising from the accident. A lump-sum offer may affect more than just your totaled vehicle, so it can be helpful to have an attorney review the terms before you accept or sign anything.

You should also read any documents presented by a repair or glass shop carefully. Florida law prohibits assignments of post-loss insurance benefits for motor vehicle glass repair or replacement under qualifying policies, and agreements made in violation of that law are void and unenforceable.

If you were injured in a Miami car accident and are also dealing with a totaled vehicle, Morgan & Morgan can review the circumstances of the crash, your insurance documents, and any settlement offers you have received. The Fee Is Free®; you only pay if we win. Contact us today for a free case evaluation.