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Florida total loss claims: what section 626.9743 requires

Last reviewed October 19, 2026 · General information, not legal advice. Rules vary by state and by policy.

Florida Statutes section 626.9743 sets out how insurers must settle first-party total losses when the policy pays actual cash value or like-kind replacement. Knowing the allowed methods helps you spot what to ask for. This is a summary; read the statute [1] for exact wording.

Methods the insurer may use

For a cash settlement, the insurer may base value on the actual cost to buy a comparable vehicle, including sales tax if applicable, derived from one of these [1]:

• two or more comparable vehicles available in the local market area within the preceding 90 days;
• a generally recognized industry source, such as an electronic database (if the insurer provides the pertinent valuation documents to you on request) or a public guidebook (if it identifies the guidebook on request); or
• quotes from two or more licensed dealers in the local market area.

Alternatively, the insurer may offer a specific comparable replacement vehicle: same manufacturer, same or newer model year, similar body type, options and mileage, in as good or better condition, available within a reasonable distance of your residence [1].

What you can ask for

• The valuation documents. If a database (such as a CCC, Mitchell or Audatex report) was used, the statute ties its use to providing the pertinent portions to you on request [1].
• A written explanation. If the insurer used a different method, the value must be documented, deductions itemized in dollar amounts, and the basis explained in writing if you ask [1].
• Itemized depreciation or betterment. Those deductions must be itemized and explained in writing on request [1].

Sales tax

Florida lets the insurer defer paying sales tax until it's actually incurred, for example when you buy the replacement [1]. Keep your purchase paperwork and send it to the adjuster.

Storage charges

Before stopping payment of previously authorized storage, the insurer must give you notice with 72 hours to remove the vehicle [1]. Move quickly when you get that notice.

When is a car totaled in Florida?

Florida's Division of Consumer Services explains that when the estimated repair cost meets or exceeds 80% of the vehicle's value, the insurer will offer payment for a replacement of like kind and quality, and the car is reported to the state as a total loss [2].

Getting help: DFS and auto mediation

The Florida Department of Financial Services (DFS), Division of Consumer Services, can contact your insurer and require an explanation, though it can't determine the value of your claim or act as your adjuster [3]. Its helpline is 1-877-693-5236 [3]. DFS also runs a voluntary, non-binding automobile mediation program for property damage claims in any amount [4]. Your policy may also have an appraisal clause; the statute doesn't override policy settlement-dispute provisions [1]. For the general process, see How to dispute a total loss offer.

Sources

1. Florida Statutes § 626.9743, Claim settlement practices relating to motor vehicle insurance. leg.state.fl.us
2. Florida DFS, Automobile Insurance FAQs. myfloridacfo.com
3. Florida DFS, Get Insurance Help, and Contact Us. myfloridacfo.com
4. Florida DFS, "Mediation Program: Automobile Insurance Claim Disputes." myfloridacfo.com

TotaledRight is not a law firm, appraiser or public adjuster. This guide summarizes public sources as of the review date; laws and regulations change. Check your own policy and your state insurance department.