Truck Accidents in Florida: What is a Total Loss (Property Damage)?
Were you involved in a crash with a large commercial truck in Florida? You have the right to seek compensation for your damages, including your vehicle repairs. As a fully loaded tractor trailer can weigh up to 80,000 pounds, even a relatively modest speed crash can cause major damage. In some cases, your vehicle may be deemed a “total loss.” Here, our Miami truck accident lawyer provides a more comprehensive overview of how the term “total loss” is defined in Florida.
Property Damage Claims are Not No-Fault Claims in Florida
First and foremost, it is important to emphasize that property damage claims for motor vehicle accidents—including truck crashes—in Florida operate under a fault-based system. Notably, that is contrary to the state’s no-fault approach for personal injury claims. The distinction means that if another driver damages your vehicle. That has big implications for your case. You must seek compensation from their insurance provider—not yours. Fault matters.
Establishing fault is critical. Among other things, truck accident victims will need to prove the other driver’s (trucker’s) negligence caused the accident. A successful claim requires clear evidence, such as accident reports, witness statements, and photos of the scene. A top Miami semi-truck accident lawyer can carefully investigate your crash and gather the evidence that you need to prove liability.
What is a Total Loss in a Truck Accident Claim?
For the purposes of a semi-truck accident claim, the term “total loss” refers to a situation where the cost of repairing a vehicle exceeds its value or a certain percentage of its value. Notably, this is more likely to be the case in commercial truck accidents due to the large size of these vehicles.
Insurance companies typically declare a vehicle a total loss when the repair costs approach or exceed the actual cash value of the vehicle at the time of the accident. When a total loss occurs, the insurance company will usually pay the owner the market value of the vehicle before the accident minus any deductible that is due under the terms of the policy.
Know the Law in Florida: Percent of Repair to Constitute a Total Loss
In Florida, the threshold for a vehicle to be declared a total loss is 80 percent. This means if the cost of repairing the vehicle is 80 percent or more of its actual cash value (ACV), it is considered a total loss by insurance standards. The threshold is designed to help insurers decide whether a vehicle should be repaired or replaced. If the cost of repairing your vehicle is 80 percent or more of its pre-crash market value, it is a total loss for the purposes of Florida law.
Contact Our Miami Tractor Trailer Crash Attorney for a Free Case Review
At Pike & Lustig, LLP, our Miami commercial truck accident lawyers have the expertise you can rely on. If you have any questions about total loss property damage claims, we are more than ready to help. Call us now or connect with us online for a free case evaluation. With an office in Miami and another office in West Palm Beach, we handle truck accident cases throughout South Florida.
