Photograph damage and get the vehicle identified
Take wide and close-up photos before anything is moved when safe to do so. Note the other driver, tag, insurance, and tow destination.
Free Guide - From a North Florida Trial Attorney
Your body and your vehicle are two different claims. This guide explains who handles repair, how estimates and total-loss decisions work, and what to document while your car or truck is off the road.
Written by Attorney Jeff Soud, Florida Bar member. Last updated July 2026. General information, not legal advice.
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Keep this separate from your injury treatment. Both matter.
Take wide and close-up photos before anything is moved when safe to do so. Note the other driver, tag, insurance, and tow destination.
Report the crash to your insurer and, when appropriate, the at-fault driver's carrier. Property damage is a separate claim from your injury claim.
Visit at least one reputable body shop you trust. Ask about parts, frame work, rental timing, and how supplements are handled if hidden damage appears.
If the carrier calls it a total loss, review their ACV calculation, sales tax, title fees, and how your loan balance is handled before you accept.
Confirm rental limits on your policy or what the at-fault carrier will authorize. Keep daily transportation costs documented.
You can pursue fair vehicle repair or total-loss payment while your medical treatment follows its own path. Do not let pressure on the car claim push you into releasing your injury claim.
From Attorney Jeff Soud
Who pays depends on coverage and fault. Property damage is separate from bodily injury. The at-fault driver's property damage (PD) coverage may pay to fix your car if they have enough coverage and fault is clear. Your own collision coverage can repair your vehicle when the other side is slow, disputes fault, or has little or no PD coverage. Rental reimbursement is usually a separate coverage on your policy.
The at-fault insurer does not control where you must go on day one. Insurance companies often steer people to preferred shops. You can still get your own estimates and ask questions about OEM parts, aftermarket parts, and warranty on the repair. For many people, the first step is photos, a police report, and written estimates from reputable body shops.
Body shops, dealerships, and total-loss decisions. Independent body shops and dealer collision centers both handle crash repairs. If repair cost approaches the vehicle's value, the insurer may declare a total loss and pay actual cash value (ACV) instead of fixing the car. Under Florida law, a vehicle is generally declared a total loss when the repair cost reaches 80 percent of its actual cash value (section 319.30, Florida Statutes), so get the numbers in writing.
Truck and commercial vehicle crashes add layers. Commercial trucks may involve a motor carrier, leasing company, cargo insurer, and separate maintenance contractors. Evidence like black box data, driver logs, and corporate policies can matter as much as the body shop estimate. Start preserving photos and estimates immediately.
Liens, loans, and who gets the check. If a bank or finance company holds a lien on your vehicle, the insurance payment may name both you and the lender. The lender may need to approve repairs or apply a total-loss payout to the loan balance. Ask the body shop and adjuster how the check will be issued before work begins.
Rental cars and daily transportation. Rental reimbursement on your policy can help while your car is in the shop, subject to daily limits in your declarations page. If the at-fault driver has no coverage, your rental coverage becomes especially important. Keep receipts and understand whether you must use a preferred rental vendor.
Document everything the way you document injuries. Save estimates, supplements, tow bills, storage fees, rental receipts, and photos of damage before and after repair. Diminished value may be a separate argument after the car is fixed, especially on newer vehicles with major structural repairs.
In most situations you can get estimates from shops you trust. Carriers may recommend direct repair partners, but ask what guarantees apply and whether you are free to use another qualified shop.
Your collision coverage may repair your vehicle subject to your deductible. Uninsured motorist bodily injury coverage generally does not replace collision for vehicle damage. That is why adequate PD and collision coverage matter before a crash.
Truck crashes may involve multiple corporate insurers. Start with your own collision and rental coverage if needed, preserve photos and estimates, and make sure the commercial carrier for the trucking company is identified early.
Be careful. Property damage releases and bodily injury releases are different things. Do not sign a broad release just to move the car claim along if you are still treating for injuries.
Hurt too? See our injuries and treatment roadmap, what to do after a crash, and how to buy insurance.
Property damage and bodily injury follow different paths. A free consultation can help you understand both without signing away rights on either one.
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