Legal Question in Insurance Law in Florida

Accident claims

A lady rand the red light and wrecked my car. It's a 3 week old Camaro and the appraiser said that if the vehicle repairs don't reach $16000 I will have to get it repaired - not claim it as being totaled. I have an infant and am worried about driving a wrecked vehicle. My car has major damage from the bumper all on the driver side to the trunk. What are my rights?


Asked on 5/25/01, 11:44 am

1 Answer from Attorneys
Michael Tobin Michael M. Tobin, P.A.

Re: Accident claims

Generally a car is deemed to be a total loss when repair costs exceed 80% of value. My prior experience as a house counselfor an insurance company we would replace with a new car any major damage in the car was less than 3 months old and 3,000 miles. You might check with the Florida Department of Insurance on your situation.

I would be very unhappy with that much damage to a 3 week old car and would insist on replacement even if I had to go to court. I think a judge or jury would agree. The cost of a rental vehicle during repair and the possibility of hidden damage would make replacement less expensive for the company.

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Answered on 7/02/01, 11:57 am


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