Florida Car Insurance Claim Laws

Claim-handling deadlines in Florida

The 7-day and 60-day rules in Fla. Stat. § 627.70131 apply to home insurance, not auto claims.

Rule: Fla. Admin. Code r. 69O-166.024(1); Fla. Stat. §§ 626.9541(1)(i)3.e., 627.4265.

The decision clock usually starts once the insurer has the proof of loss it asked for, not on the day of the accident. Ask the adjuster in writing what they still need, and keep a dated log of everything you send.

When a car is totaled in Florida

The insurer decides when repairs are uneconomical; state law sets no fixed percentage. Florida's 80% rule applies to vehicles without insurance; for insured cars the insurer decides.

In practice most insurers apply the total loss formula: a car worth $15,000 with $3,000 of salvage value is usually totaled once repairs reach about $12,000. Ask the adjuster which test they used and for the valuation report.

Rule: Fla. Stat. § 319.30(3)(a).

If the insurer misses a deadline or lowballs you

1. Send a short written follow-up that names the deadline and asks for a decision by a specific date.
2. If the offer is low, answer with evidence: repair estimates, comparable cars for sale, receipts.
3. Still stuck? File a free complaint with the Florida Department of Financial Services.

If you have to sue the other driver in Florida

Most claims settle without a lawsuit, but these rules decide how much leverage you have when you claim against the at-fault driver's insurer.

Your recovery is cut by your share of the fault, and you get nothing if you are more at fault than the other side (51% or more). Applies to negligence lawsuits filed after March 24, 2023; earlier cases used pure comparative fault.

The lawsuit deadline (statute of limitations) usually runs from the accident date, and an open insurance claim does not pause it. Two years applies to negligence claims that arose after March 24, 2023; older claims kept the four-year period.

Small claims court is a cheap way to recover a deductible, a rental bill or diminished value without a lawyer, as long as the amount fits under the limit.

Rules: Fla. Stat. § 768.81(6); Fla. Stat. § 95.11(4)(a); Fla. Sm. Cl. R. 7.010(b).

PIP (no-fault) claim deadlines in Florida

• You must get initial medical care within 14 days of the accident, or PIP medical benefits don't apply. Medical benefits are capped at $2,500 unless a doctor finds an emergency medical condition ($10,000).
• Benefits are overdue if not paid within 30 days after the insurer gets written notice of the loss and its amount.
• Overdue payments carry interest at the statutory judgment rate or the policy rate, whichever is higher.

Law: Fla. Stat. § 627.736(1)(a), (4)(b), (4)(d). PIP deadlines in other no-fault states

Sales tax and fees on a total loss in Florida

Settlement must include sales tax, itemised separately from the car's value; same rule for third-party claims. Rule: Fla. Stat. § 626.9743.

Total loss tax and fee rules in every state

Diminished value in Florida

• From the at-fault driver's insurer: Yes, if you can prove it. McHale v. Farm Bureau Mut. Ins. Co., 409 So.2d 238 (Fla. 3d DCA 1982).
• From your own insurer: No, under standard "repair or replace" wording. Siegle v. Progressive Consumers Ins. Co., 819 So.2d 732 (Fla. 2002).

Diminished value rules in every state

Claim laws in nearby states

If the accident happened in another state, or the other driver is insured there, these rules may matter too:

• Georgia: Insurer decides (no fixed %); decision within 15 days after proof of loss (60 days from notice at most)
• Alabama: 75% of value; decision within 30 calendar days after proof of loss
• South Carolina: 75% of value; decision with no fixed deadline (a reasonable time)

Free tools for your claim

• Total loss threshold calculator
• Claim deadline lookup for every state
• Lawsuit deadline calculator (statute of limitations)
• Partly at fault? Comparative fault payout calculator
• Demand letter generator
• Claim denial appeal letter generator
• Diminished value calculator
• GAP shortfall calculator
• Claim laws in other states