Car totaled declared when the costs of repairs exceed the car’s actual cash value. If your car were totaled in a no-fault state, would you know what your options are? Your insurance policy will cover your damages if you have collision coverage, though you will still pay your deductible. The at-fault driver will pay to replace your car if you can prove their negligence caused the crash.
Fort Myers car accident lawyers understand the complexities of compensation in Florida, a no-fault state. They can effectively navigate each phase of your claim. Your lawyer will also work hard to have your car replaced and maximize your additional expenses and losses.
The Basic Requirements of Insurance Coverage in a No-Fault State
As a no-fault state, Florida law mandates that all registered vehicle owners carry the following insurance products and minimums:
- $10,000 personal injury protection (PIP) coverage
- $10,000 property damage liability (PDL) coverage
These mandatory coverage options cover medical bills if you get injured in an accident and property repair or replacement if you damage someone else’s property or if car totaled.
Many drivers misunderstand the interplay between PIP and PDL, assuming their coverage includes all types of damage. A Fort Myers personal injury lawyer can clarify what is and isn’t covered and help file supplemental claims as needed.
Drivers may choose to purchase optional collision and comprehensive coverage. These policies can help recover car repair or replacement costs even when the other driver is uninsured or underinsured.
It’s also worth understanding that Florida law allows insurers to offer combined single limit policies. These may provide more flexible payouts across bodily injury and property damage claims.
Who Pays When Your Car Is Totaled in a No-Fault State?
The at-fault driver will bear liability for compensating you for car repairs or replacement if you can prove their negligence caused your accident.
If your car totaled in a hit-and-run accident totaled your car or the at-fault driver has insufficient coverage, you could receive compensation from your uninsured/underinsured motorist (UM/UIM) coverage. However, this type of coverage is optional. If your policy includes it, a lawyer in your area can manage the details of your claim.
In most standard scenarios, your insurer pays initially, and subrogation may follow if another party is ultimately found to be liable.
In some cases, insurers may dispute the vehicle’s value or refuse to pay unless there is clear evidence of fault. An attorney can help negotiate with insurers and prove liability with documentation.
Fort Myers car accident lawyers often rely on expert mechanics, vehicle valuation tools, and accident reconstruction specialists to support their clients’ claims.
Collect the Documentation Needed to Support Your Car Totaled Claim
When you file an insurance claim, an adjuster will decide whether your car is repairable or a complete loss. They will require the following additional documents to supplement your claim:
- Police report, including photos
- Your vehicle’s title and registration
- Photos of your car from all angels
- Damage evaluation and vehicle value
The insurance company will also ask for the keys to your car. Your lawyer will help you compile all the information and evidence required for a complete filing. They will also help you obtain the best possible compensation for your car and other recoverable damages.
Some insurers may request a repair estimate from a certified shop before approving a total loss classification. Your attorney can ensure the repair quote is fair and complete.
Having a pre-accident appraisal or maintenance records can strengthen your position and may lead to a higher payout.
A Fort Myers Personal Injury Lawyer Will Pursue Maximum Compensation
In a Florida no-fault claim, the party who pays for car damage could also bear liability for additional damage. Your attorney in Fort Myers can also request compensation for:
- Non-economic damages
- Economic damages
- Wrongful death damages, if applicable
Your lawyer can assess your recoverable damages (per Florida Statutes § 768.81) and meet the mandatory statute of limitations (per Florida Statutes § 95.11).
In accidents where serious injuries accompany your car totaled, your lawyer can help you file a combined bodily injury and property damage claim.
Experienced attorneys may also identify additional avenues for compensation, such as pain and suffering, loss of transportation, and lost wages due to missed workdays.
If your accident involved a commercial vehicle, rideshare company, or government vehicle, a Fort Myers personal injury lawyer can pursue claims under specialized liability frameworks.
Call (954) 633-8270 to Explore Your Options if Your Car Totaled Claim
If your car totaled in a no-fault state, you need to know your options. Our Fort Myers car accident lawyers can review your policy and recovery options. Learn more about how to get compensation if your insurance company deems your damaged car a total loss. Contact our consultation team at the Law Offices of Wolf & Pravato today.
Don’t delay. Deadlines for filing insurance claims and lawsuits can affect your ability to recover damages. Early action gives your legal team more time to investigate and gather evidence.
Let our Fort Myers personal injury lawyers explain your legal rights and maximize your compensation with a personalized legal strategy tailored to your case.
