Vehicle Property Damage in Central Florida: Repairs, Loss of Use, and Diminished Value

Keith Petrochko • August 27, 2025

After a motor vehicle accident in Central Florida, the focus is often on medical care and injury claims. Yet property damage to a vehicle can create immediate financial hardship. Insurance companies are quick to issue checks, sometimes marked “full and final settlement,” which may cut off rights to supplemental repairs, diminished value, or loss of use.


This guide explains Florida law on vehicle property damage claims, how lawyers can protect your rights, and how these claims interact with your personal injury case.


First Steps After a Crash in Central Florida


  • Document everything. Take photos of the vehicle and obtain the initial repair estimate.
  • Notify the at-fault driver’s insurer. Property Damage Liability (PDL) coverage in Florida requires drivers to carry at least $10,000 in coverage. Fla. Stat. § 324.022.
  • Do not sign or deposit checks marked “full and final.” Accepting such a check without legal review may waive your rights to supplemental repairs, diminished value, or loss of use. Florida’s claim-settlement statute, Fla. Stat. § 626.9743, governs these practices.


Repair Path Versus Total Loss


Typically if the cost of repair exceeds 80% or more of the actual cash value (ACV), insurers will declare a total loss. Florida law requires insurers to base ACV on comparable vehicles available in the local market. Fla. Stat. § 626.9743.

Lawyers can assist in challenging under valuations by:


  • Obtaining independent appraisals.
  • Comparing multiple valuation sources.
  • Demanding the appraisal clause be invoked when policy language allows.


Hidden Damage and Supplemental Payments


Repairs often reveal damage not included in the initial estimate. Florida law permits supplemental claims when hidden damage is discovered. Insurers must adjust the claim fairly under Fla. Stat. § 626.9743.

An attorney can ensure supplements are pursued and prevent the insurer from closing the claim prematurely.


Loss of Use and Rental Reimbursement


Florida law recognizes loss of use damages, even if no rental car was obtained. The measure is the reasonable rental value for the reasonable period of repair. Meakin v. Dreier, 209 So. 2d 252 (Fla. 2d DCA 1968). The Florida Standard Jury Instructions incorporate this principle.


Insurers may offer rental reimbursement, but the period and vehicle type are often disputed. A lawyer can push for a rental comparable to the damaged vehicle or recover cash value for loss of use.


Diminished Value After Repairs


Even when repairs are complete, a vehicle often loses market value due to its accident history. Florida law recognizes residual diminished value as part of damages in tort. In McHale v. Farm Bureau Mut. Ins. Co., 409 So. 2d 238 (Fla. 3d DCA 1982), the court held that the measure of damages can include both the cost of repair and the remaining diminution in value.

For first-party claims, the Florida Supreme Court in Siegle v. Progressive Consumers Ins. Co., 819 So. 2d 732 (Fla. 2002), held that inherent diminished value is not covered absent policy language to the contrary. This distinction highlights the importance of pursuing third-party claims. For a deeper dive into this topic, see our dedicated article: Recovering Diminished Value After an Automobile Accident in Central Florida.


Deadlines and Where to File in Central Florida


The statute of limitations for negligence claims in Florida is now two years for crashes occurring on or after March 24, 2023. Fla. Stat. § 95.11, as amended by HB 837 (2023). Older accidents may still fall under the prior four-year rule.

Claims under $8,000 may proceed in small claims court, while larger property damage cases are filed in county or circuit court depending on the amount in controversy.


How Lawyers Help With Vehicle Property Damage Claims


A Daytona-based personal injury lawyer can:


  • Review settlement checks and release language.
  • Coordinate property and injury claims together.
  • Secure independent appraisals for diminished value or total loss disputes.
  • File suit when insurers undervalue losses or deny valid claims.


At My Affordable Attorney, we charge a flat 25% fee for personal injury representation, not for helping clients get their property damage fixed. This means clients can send us repair estimates, receipts, and questions without incurring any additional costs.


Frequently Asked Questions


Can I recover loss of use if I did not rent a car?
Yes. Florida law allows recovery of the reasonable rental value of a substitute vehicle for the repair period, even if no car was rented. Meakin v. Dreier, 209 So. 2d 252 (Fla. 2d DCA 1968).


Can I recover both repair costs and diminished value?
Yes. If repairs do not restore the vehicle’s value, Florida law allows cost of repair plus residual diminished value. McHale v. Farm Bureau Mut. Ins. Co., 409 So. 2d 238 (Fla. 3d DCA 1982).


What is the deadline to sue for property damage from negligence?
Two years from the date of the crash for accidents occurring on or after March 24, 2023. Fla. Stat. § 95.11.


Should I sign a check marked “full and final settlement”?

Not without review. Signing such a check may waive rights to supplements, diminished value, or other claims. Fla. Stat. § 626.9743.


Conclusion



Vehicle property damage claims in Central Florida are more complex than they appear. Issues like hidden damage, loss of use, diminished value, and total loss disputes require careful navigation. By working with an attorney, you ensure that all available compensation is pursued while protecting your injury claim. Contact My Affordable Attorney for a free consultation. We proudly serve clients in Daytona Beach, DeLand, Sanford, Orlando, and throughout Central Florida. Call today (866) 4-ONLY-25.