Legal Question in Insurance Law in Florida

Auto Insurance total loss guidelines

Dear Sir/s,

I have a 93 camry toyota which right now is on a border line total loss category. Up to now the repairs are $3500.00. The insurance claim representative says that my car's value is $6000 and the repairs have to be 80% of the car's value.

My pay-off to the bank is $2400 which is less than the repair up to now. Is there any laws to protect me if in my case I am better off with the total loss settlement instead of receiving $3500 for repairs which is more than my pay-off.

I thank you in advance for your kind help.

Kind regards,

Miami, Florida.


Asked on 8/22/01, 11:28 am

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

Re: Auto Insurance total loss guidelines

You do not mention whether you are dealing with your own company claim for collision coverage or the adverse party's property damage adjuster. Different rules apply, Either way you should insist that they use only OEM (original equipment manufacturers parts) and not LKQ (Like kind and quality). Will the repairs place the car back to its pre-accident condition.? If not, you may be entitled to damage for "diminution in value" damages. George Foreman in Ft. Lauderdale at 954-443-8263 has a company that inspects cars for quality of repairs and diminution claims.

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Answered on 8/22/01, 6:18 pm


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