Florida total-loss rules
12 of 12 confirmed against primary sources
Last checked Sep 4, 2026 · ClaimMath research desk
Every fact below is quoted from the regulation or statute it cites. Where the primary sources do not settle a point, it is marked and left open rather than filled in — which is itself worth knowing before you argue it.
When a car counts as a total loss
“a. When an insurance company pays the vehicle owner to replace the wrecked or damaged vehicle with one of like kind and quality ... b. When an uninsured motor vehicle ... is 80 percent or more”
The widely-cited '80% rule' is the uninsured-vehicle prong; for insured vehicles the statute defines total loss by the insurer's payment decision. § 319.30(3)(a)2: if agreed repair cost exceeds 100% of replacement cost, title must be branded 'Total Loss Vehicle'.
Fla. Stat. § 319.30(3)(a)1.a-b; § 319.30(3)(a)2 · checked Sep 4, 2026 · source
How the settlement must be valued
“The insurer may elect a cash settlement based upon the actual cost to purchase a comparable motor vehicle, including sales tax, if applicable pursuant to subsection (9). Such cost may be derived from:”
(5)(a)3.: 'The retail cost using two or more quotations obtained by the insurer from two or more licensed dealers in the local market area.' Also retrieved at leg.state.fl.us (same text). Applies when policy settles on ACV or like-kind-and-quality replacement.
Fla. Stat. § 626.9743(5)(a)1.-3., (5)(b) · checked Sep 4, 2026 · source
How comparables must be chosen
“When comparable motor vehicles are available in the local market area, the cost of two or more such comparable motor vehicles available within the preceding 90 days;”
(5)(c): 'the determination of value must be supported by documentation, and any deductions from value must be itemized and specified in appropriate dollar amounts.' 'Local market area' is not defined by distance in the statute. (6): betterment/depreciation deductions must be itemized and explained in writing on request.
Fla. Stat. § 626.9743(5)(a)1.; § 626.9743(5)(c) · checked Sep 4, 2026 · source
What the insurer must show you
“An electronic database if the pertinent portions of the valuation documents generated by the database are provided by the insurer to the first-party insured upon request”
(6): 'The basis for any deduction shall be explained to the claimant in writing, if requested, and a copy of the explanation shall be maintained with the insurer's claim file.'
Fla. Stat. § 626.9743(5)(a)2., (5)(c), (6) · checked Sep 4, 2026 · source
Sales tax
“If sales tax will necessarily be incurred by a claimant upon replacement of a total loss ... the insurer may defer payment of the sales tax unless and until the obligation has actually been incurred.”
Sales tax is part of the 'actual cost to purchase a comparable motor vehicle' under (5)(a), but (9) lets the insurer defer paying it until the claimant actually incurs it by replacing the vehicle. Statute sets no deadline for the claimant to replace.
Fla. Stat. § 626.9743(5)(a), (9) · checked Sep 4, 2026 · source
Title and registration fees
confirmed: no ruleFull section retrieved; it addresses sales tax (9) but not title, registration or transfer fees. Some policy forms include them; not a statutory requirement.
Fla. Stat. § 626.9743 (silent) · checked Sep 4, 2026 · source
Appraisal clause
confirmed: no rule“Nothing in this section shall be construed to authorize or preclude enforcement of policy provisions relating to settlement disputes.”
Quote is from the property-insurance counterpart (§ 626.9744), which does not apply to motor vehicles; cited only to show Florida leaves appraisal to the policy. Check the specific policy form for appraiser/umpire timelines.
Fla. Stat. § 626.9743 (silent); cf. § 626.9744(4) · checked Sep 4, 2026 · source
Claim-handling deadlines
“Failing to affirm or deny full or partial coverage of claims, and, as to partial coverage, the dollar amount or extent of coverage...within 30 days after proof-of-loss statements have been completed”
§ 627.4265 (retrieved): 'the insurer shall tender payment according to the terms of the agreement no later than 20 days after such settlement is reached.' § 626.9541(1)(i) violations must occur 'with such frequency as to indicate a general business practice.' § 627.70131 (7-day acknowledgment, 60-day pay/deny) was retrieved but its pay/deny rule is limited to residential/small commercial property claims, not auto.
Fla. Stat. § 626.9541(1)(i)3.b, 3.d; § 627.4265 · checked Sep 4, 2026 · source
Unfair claims practices law
“Failing to promptly provide a reasonable explanation in writing to the insured of the basis in the insurance policy...for denial of a claim or for the offer of a compromise settlement”
3.a: 'Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue'; 3.c: 'Denying claims without conducting reasonable investigations based upon available information'. Civil remedy for first-party bad faith is § 624.155 (not retrieved).
Fla. Stat. § 626.9541(1)(i)3.a-f; § 626.9743 · checked Sep 4, 2026 · source
Time limit to sue your own insurer
“WITHIN FIVE YEARS.— ... (b) A legal or equitable action on a contract, obligation, or liability founded on a written instrument”
§ 95.11(2)(e): 'Notwithstanding paragraph (b), an action for breach of a property insurance contract, with the period running from the date of loss.' Whether auto physical-damage coverage is a 'property insurance contract' for (2)(e) is not settled in the statute text; assume 5 years from date of loss at latest. Policy suit-limitation clauses shorter than the SOL are generally void in Florida (§ 95.03, not retrieved).
Fla. Stat. § 95.11(2)(b); § 95.11(2)(e) · checked Sep 4, 2026 · source
Where to file a complaint
“Submit a concern related to insurance products, including bonds, warranties and annuities, online by visiting our Consumer Assistance Portal.”
The page was read directly. Consumer helpline 1-877-693-5236.
Florida DFS Division of Consumer Services — Get Insurance Help · checked Sep 4, 2026 · source
State regulator
“Get Insurance Help | Consumer Services | Florida Department of Financial Services”
Complaints about claim handling go to DFS Consumer Services, not OIR.
Florida DFS — Get Insurance Help · checked Sep 4, 2026 · source
Open questions on this row (4)
These are the things we could not settle from primary sources. They are published rather than hidden, because a reader arguing this rule should know where it thins out.
- Title/registration/transfer fees: § 626.9743 is silent; check policy forms.
- Appraisal: no auto-specific statute; confirm standard FL personal auto policy appraisal timelines.
- Confirm whether § 95.11(2)(e) 'property insurance contract' (SOL from date of loss) is applied to auto physical-damage claims.
- Consider adding § 624.155 (civil remedy / bad faith) once retrieved.
Guides that apply in Florida
Ordered by how firm Florida’s footing is on each subject.
- Comparable vehicles: what insurers may and may not useHow comparables must be chosen
- Condition adjustments: what “Fair” has to be backed byHow comparables must be chosen
- Filing a complaint with your state insurance departmentWhere to file a complaint
- How long your insurer has to respondClaim-handling deadlines
- How to write a total-loss counterofferWhat the insurer must show you
States that handle this the same way
These also owe sales tax once you actually replace the car.
What your insurer says
Florida’s rules bind every insurer equally. What each one publishes about its own method is quoted from its claims pages.
GEICO, State Farm, Progressive, Allstate, USAA, Liberty Mutual