Several factors affect how it is determined if your car is repaired or replaced after an accident in Orlando, FL. These factors include:
- Determining which party is primarily responsible for the accident and therefore liable for the property damage
- If you have comprehensive collision coverage
- If the other driver has property damage liability (PDL) coverage
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The Insurance Company Typically Determines Repair or Replacement
If the other driver caused the accident and has PDL coverage, a car accident lawyer could file a claim against this coverage. If the at-fault driver does not have PDL and you have comprehensive collision coverage, you could use this coverage to repair or replace your damaged vehicle.
In either situation, the insurance company decides to repair your damaged car or reimburse you so you may buy another car. The insurance company may make this determination with its adjusters, or they could hire a third-party to evaluate your vehicle.
Many Insurance Companies Use the 80% Guideline
Insurance companies (or their third-party appraisers) evaluate your vehicle to determine if it is a better value to repair or replace your car. This evaluation is based upon the fair market value of your vehicle prior to the accident, and the following considerations:
- Age of your vehicle (older models have a lower market value)
- Overall condition
- Upgrades or accessories
Generally, if repairing your car costs 80% or more of its fair market value, an insurance company will choose a replacement. It is economically impractical to spend as much on repairs as the car was worth before the accident. For example, if your car is worth $10,000 and repairing it would cost $8,000, the insurance company would likely give you reimbursement to buy another car.
A Car Accident Lawyer Looks Out for Your Best Interest
You are entitled to see how the insurance company arrived at its decision to either repair or replace your car after an Orlando accident. If you have concerns that the insurance company did not correctly evaluate your car, estimate losses, or in some way is not acting in good faith, it is time to consult a car accident lawyer.
You may also be entitled to reimbursement for a rental car while your insurance company decides whether to repair or replace your car. This guideline is known as loss of use, and it is designed to compensate you for the inconvenience of not having a car. Some insurance adjusters try to avoid paying loss of use.
A car accident lawyer can review your case, your coverage, and the at-fault party’s coverage to help you get the compensation you deserve.
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Our Car Accident Lawyers Are Ready to Help
Our legal team at the Law Offices of Anidjar & Levine understands that dealing with insurance companies, property damage, and the inconvenience of being without your car can feel overwhelming. We invite you to call for a free consultation. You do not pay attorney fees unless we recover compensation. Call 1-800-747-3733 today. We can help you if your car is repaired or replaced after an accident in Orlando, FL. You have a limited time to act under FL § 95.11.