When a Car Is a Total Loss in Florida
How Florida decides a car is a total loss, salvage title rules, and how to complain about a claim.
Short answer: A vehicle is a "total loss" when an insurer pays the owner to replace it with one of like kind and quality (or pays a theft claim), or, for an uninsured vehicle, when repair costs are 80% or more of the replacement cost. Fla. Stat. § 319.30(3)
| Total loss rules | A vehicle is a "total loss" when an insurer pays the owner to replace it with one of like kind and quality (or pays a theft claim), or, for an uninsured vehicle, when repair costs are 80% or more of the replacement cost. If the insurer and owner agree to repair instead, it is not a total loss, but if actual repair costs exceed 100% of replacement cost the owner must ask FLHSMV within 72 hours to brand the title "Total Loss Vehicle." A total-loss vehicle gets a salvage certificate of title or a certificate of destruction; for a late-model vehicle worth at least $7,500, estimated repair costs of 90% or more of retail value mean it is declared unrebuildable and gets a certificate of destruction. Source: Fla. Stat. § 319.30(3) |
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| Complaints about an insurer | Insurance complaints go to the Florida Department of Financial Services, Division of Consumer Services. Submit an insurance concern online through the Division's Contact Us page, or call the Insurance Consumer Helpline at 1-877-MY-FL-CFO (1-877-693-5236), or (850) 413-3089 from out of state, 8:00 AM-5:00 PM ET, Monday-Friday. |
More Florida car insurance & vehicle laws
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- SR-22 Insurance in Florida
- Transferring a Car Title in Florida
- All Florida car insurance & vehicle laws rules
FAQ
When is a car a total loss in Florida?
A vehicle is a "total loss" when an insurer pays the owner to replace it with one of like kind and quality (or pays a theft claim), or, for an uninsured vehicle, when repair costs are 80% or more of the replacement cost. If the insurer and owner agree to repair instead, it is not a total loss, but if actual repair costs exceed 100% of replacement cost the owner must ask FLHSMV within 72 hours to brand the title "Total Loss Vehicle." A total-loss vehicle gets a salvage certificate of title or a certificate of destruction; for a late-model vehicle worth at least $7,500, estimated repair costs of 90% or more of retail value mean it is declared unrebuildable and gets a certificate of destruction.
How do you file a complaint against a car insurance company in Florida?
Insurance complaints go to the Florida Department of Financial Services, Division of Consumer Services. Submit an insurance concern online through the Division's Contact Us page, or call the Insurance Consumer Helpline at 1-877-MY-FL-CFO (1-877-693-5236), or (850) 413-3089 from out of state, 8:00 AM-5:00 PM ET, Monday-Friday.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.