Claims Factbook : Florida

All States Florida
Florida · All 67 Counties

Florida Vehicle Claims.
We Handle Them.

Florida insurers underpay vehicle claims every day — diminished value, total loss, repair disputes. We take the assignment, invoke the appraisal clause, and recover what they owe you. Zero upfront cost.

  • You assign the claim to us
  • We take on every cost and risk to pursue it
  • You owe us nothing — we pay you once we recover
80%
FL Total Loss Threshold
4 yr
Property Damage SOL
§ 319.30
FL Statute — Total Loss
$0
Upfront Cost to You

Florida Legal Reference

Property Damage SOL
4 Years
Fla. Stat. § 95.11(3)
Negligence / Vehicle Damage
2 Years
Fla. Stat. § 95.11(5)(a)
Insurance Contract Dispute
5 Years
Breach of Contract — § 95.11(2)
Total Loss Threshold
80% of ACV
Fla. Stat. § 319.30(3)(a)
Florida DOI Oversight
FL Dept. of Financial Services
DFS — Consumer Services

Clock may already be running. Florida courts strictly enforce SOL deadlines. If the accident was more than a year ago, don’t assume you have time. Submit for a free review today.

Florida-Specific Note

Florida is one of the most active states in the country for auto insurance disputes. The state’s no-fault PIP system, combined with the 80% total loss threshold, means insurers here have specific incentives to minimize payouts — particularly on total loss valuations and diminished value claims. Florida courts have consistently recognized the appraisal clause as the correct mechanism for resolving these disputes. We use it.

Statute of Limitations Warning

Florida reduced its negligence-based statute of limitations to 2 years (HB 837, 2023). For vehicle damage claims rooted in the other driver’s negligence, that clock is likely already running. Do not wait. The difference between 4 years and 2 years is not obvious — submit your claim for a free review and we will confirm which deadline applies.

Claims We Handle in Florida

Three Florida Claim Types.
One Assignment Model.

All three follow the same model: you assign the claim to us, we fund 100% of the appraisal process, and you share in the recovery. Nothing out of pocket.

01

Diminished Value Claims

After a collision, your repaired vehicle carries a permanent accident history on its Carfax. Florida insurers owe you the difference between its pre-accident market value and what the market now offers — but they rarely volunteer the right number.

Strong Candidates
  • Vehicle under 10 years old
  • Pre-accident value above $7,000
  • Repair costs exceeded $1,500
  • Third-party carrier is at fault
  • No release of liability signed
02

Total Loss Disputes

Florida’s 80% threshold means the insurer can total your vehicle even when it’s still drivable. Their ACV offer is almost always generated by automated tools with limited local market awareness. The number is wrong more often than not.

Strong Candidates
  • Received a total loss offer you believe is low
  • No final release has been signed
  • Vehicle had low mileage, recent purchase, or documented upgrades
  • Gap between offer and fair value is $500 or more
03

Repair Estimate Underpayment

Florida body shops deal with insurer labor rate caps and rejected supplement line items on nearly every job. The appraisal clause applies to repair cost disputes too — not just vehicle value. We can invoke it on underpaid estimates.

For Body Shops
  • Assign the disputed supplement amount to us
  • We retain and fund the independent appraiser
  • Recovery shared upon settlement
  • Per-claim or referral arrangement available
04

First-Party Appraisal Clause

If your own insurer — not a third party — is disputing a total loss value or repair cost, the appraisal clause in your Florida policy still applies. Uninsured motorist claims, comprehensive claims, and first-party disputes all qualify if the policy contains the clause.

Strong Candidates
  • At-fault driver was uninsured or underinsured
  • Own insurer’s offer is substantially below fair value
  • Policy contains an appraisal clause (most Florida policies do)
  • No final release executed
Florida Law

What Florida Law
Actually Says

The 80% Rule — Fla. Stat. § 319.30

Florida Totals More Cars Than Most States

Florida uses an 80% total loss threshold — one of the stricter standards in the country. If the cost of repairs equals or exceeds 80% of your vehicle’s pre-accident actual cash value, the insurer can declare it a total loss. That threshold applies whether or not the car is actually drivable. A $20,000 vehicle can be totaled on an $16,000 repair estimate — and the $20,000 ACV figure the insurer uses is almost always the number worth fighting.

Statute of Limitations — Fla. Stat. § 95.11

Florida Has Three Different Deadlines. Know Which One Applies.

Florida’s 2023 tort reform (HB 837) reduced the negligence statute to 2 years. Most vehicle damage claims from third-party accidents now face that shorter deadline. Insurance contract disputes (breach of contract against your own insurer) still carry 5 years. General property damage actions carry 4 years. If you’re unsure which applies, that alone is reason to get a free review before assuming you have time.

Claim Type Deadline Applicable Statute Notes
Vehicle damage from third-party accident (negligence) 2 Years § 95.11(5)(a) Updated 2023 (HB 837). Safe assumption for all negligence-based claims.
General property damage (non-negligence) 4 Years § 95.11(3) Broad catch-all. Applies when no specific shorter deadline governs.
Insurance contract dispute (breach of contract) 5 Years § 95.11(2) Applies to disputes against your own insurer. Not a free pass — start early.
Hurricane / windstorm claims (notice requirement) 1 Year § 627.70132 Notice to insurer required within 1 year of storm landfall. Short window.
Already Accepted Payment?

If you accepted the insurer’s offer but have not signed a final release of liability, your claim may still be assignable. Florida courts do not treat a bare settlement check as a release. Get a review before assuming the window is closed.

How It Works

Five Steps From
Dead Claim to Recovery

Straightforward Florida claims typically resolve within two to four weeks of the appraisal clause being invoked.

1
Submit Your Details
Tell us about the vehicle, the accident, and the insurer’s offer. Five minutes.
2
Free Assessment
We evaluate the claim and tell you honestly whether we have a path. Within 24 hours.
3
We Take the Assignment
You formally assign the claim. We pay you upfront and absorb all financial and legal exposure.
4
Appraisal Clause Invoked
We retain a licensed independent appraiser at our expense. A neutral umpire resolves disputes.
5
You Receive Your Share
Once we recover the additional value, we split proceeds as agreed. No recovery — no payment from you. Ever.
Qualification

Does Your Florida
Claim Qualify?

We review every claim for free within 24 hours. Here’s a quick self-check before you reach out.

Diminished Value — Strong Candidates
  • Vehicle under 10 years old
  • Pre-accident value above $7,000
  • Repair costs exceeded $1,500
  • Third-party carrier is at fault
  • No release of liability signed
  • Within 2–4 years of accident (know your specific SOL)
Total Loss Disputes — Strong Candidates
  • Received a total loss offer you believe is understated
  • No final release has been signed
  • Vehicle had documented upgrades, low mileage, or recent purchase above offer
  • Gap between offer and fair value is $500 or more
You May Still Qualify Even If

You already accepted payment but haven’t signed a release. The insurer told you the claim is closed. You were told diminished value isn’t covered. Months have passed. A free review costs nothing and leaves you with more information than you have now.

Why Claim Logistics

We Don’t Represent You.
We Replace You.

This is not negotiation help. We purchase the claim through a formal assignment, step into your legal shoes as the rightful claimant, and bear every cost. The insurer now deals with a professional who knows their playbook.

Claim Logistics
Everyone Else
You receive upfront payment at signing
Attorneys require retainer or reject small claims
We fund 100% of appraisal costs
Appraisers charge $400–$800 flat, win or lose
Zero financial risk, zero out-of-pocket
Public adjusters take % of your total settlement
We take full legal ownership of the claim
None of them can replace you as claimant
We profit only if we recover more than we paid
Their incentive is to close, not to maximize
Florida FAQ

Common Questions
from Florida Claimants

My insurer says diminished value isn’t covered in Florida. Is that true?
No. That’s a routine deflection. Florida law recognizes diminished value claims against third-party carriers — if another driver’s insurer is responsible for your damage, they owe you the difference in your vehicle’s market value. Florida courts have consistently upheld this. The insurer’s claim that it isn’t covered usually means they’re hoping you’ll accept it and stop asking.
I already got a check from the insurer. Can I still file a claim?
It depends on whether you signed a release of liability. In Florida, cashing a check does not automatically release the claim. If you accepted payment without signing a formal release, the claim may still be assignable. Submit for a free review before assuming the window is closed — this is one of the most common situations we encounter.
Florida just cut the negligence SOL to 2 years. Did that affect my claim?
Yes, potentially. HB 837, effective March 2023, reduced the negligence statute from 4 years to 2 years. If your vehicle damage stems from another driver’s negligence — which describes most third-party accident claims — the safe assumption is a 2-year window. If your accident was in 2022 or earlier, that clock may already be expired or nearly so. Don’t wait on a free review.
My car was totaled in a hurricane. Does that qualify?
It can, but hurricane claims have a specific 1-year notice requirement under Florida Statute § 627.70132 — you must notify the insurer within 1 year of the storm’s landfall. If that window has passed, the claim is likely barred. If you’re within the window and the insurer’s ACV is too low, the appraisal clause may still apply. Submit your details and we’ll tell you honestly where you stand.
The insurer is using Audatex / CCC to value my vehicle. Are those numbers accurate?
No, not typically. Both CCC and Audatex use automated algorithms that systematically exclude high-condition comparables and make condition adjustments that favor the insurer. Florida courts have recognized that these tools can produce values well below true market. The appraisal clause exists precisely to create a mechanism for challenging these automated numbers with a licensed independent appraiser.
What does the assignment process actually look like in Florida?
You sign a formal assignment agreement transferring the property damage claim to us. We pay you consideration at signing. From that point, we are the claimant of record — the insurance company deals with us, not you. We invoke the appraisal clause, retain the independent appraiser at our expense, and pursue the recovery. Your involvement ends at signing. Property damage claim assignments are legally recognized and enforceable in Florida under settled principles of contract and insurance law.

Your Florida Claim.
Our Fight. No Cost to You.

Florida’s 2-year negligence deadline is already running. Insurers count on delay. Find out today whether we can help — free review in under 24 hours.

Free review  ·  Response within 24 hours  ·  No upfront cost  ·  All 67 Florida Counties