Lady Lake, FL asked in Car Accidents and Insurance Bad Faith for Florida

Q: My old car (No collision Ins.) was badly damaged by another driver, I can document every penny I spent on that car,

Can I recoup recent maintenance expenses? I would prefer my car be repaired rather than totaled. (Florida)

2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Did you make a claim with the other driver's insurance company? Normally, they will pay no more than the "total" value of your car (what is meant by a car being totaled). So if your car's total value is paid, there would be no more due you for what you had paid in maintenance.

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Personal Injury Lawyer
  • MIramar Beach, FL
  • Licensed in Florida

A: Most likely no. If the other driver's insurance is paying the value of the car they follow a standard industry practice and basically value your car at an amount of what another in similar shape could be purchased for in your general area. Typically they will not pay for special repairs unless you can document that such repairs were very recently performed. Ultimately the insurance company has the choice of whether to total your car or repair it. The numbers will be different. You may be able to negotiate with the insurance company on some amount to allow you to keep the car but they will pay the stated amount and the repairs will be totally upon you and will not likely cover what a certified repair shop would charge to repair.

Hope this helps and good luck,

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