FL: total loss and title due to previous valuation

[TL-Victim]

What is the name of your state (only U.S. law)? Florida

I have a fairly rare vehicle (< 2000 made) that was hit on the side with no frame damage and it still drives straight and true.
Since it is rare, I would like to repair it.

The other party has been deemed at fault.

The insurance industries' CCC value-scope and my independent appraisal are about $8K apart.

I also have a copy of a recent and independent market-value letter, substantiating my independent appraisal (30+ years in the appraisal business; a car salesperson; reputation beyond reproach, and he's never lost an appraisal).

The shop I chose to repair the vehicle gave an estimate that is approximately 74.5% of the my independent appraisal (not the CCC-value scope).

While my adjuster is saying he would like to pay the estimate to repair the vehicle, he is stating that since they already have a CCC value-scope, that he cannot legally not title the vehicle as "salvage/rebuildable".

I called the Florida DMV, and they stated that the "value" of the vehicle is determined between the insurance company and the owner, regardless of any other report (e.g., CCC value-scope).

As such, if we agree that the value of the vehicle is indeed my independent appraised value, then I believe they do not have to legally title the vehicle as "salvage/rebuildable" or "total loss" if repaired for the shop's estimate. Your thoughts on this ?

Also, this claim has been going on for almost a year, (their field adjuster/appraiser was unprofessional) and I have had to purchase another vehicle just to drive.

I have never released the vehicle to the insurance company and it sits in my possession, and the insurance company has NOT made any changes to title or notice to the DMV.

There is also an open bodily injury claim.

Thanks.

[ecmst12]

I do not know florida law on this specifically. However, if the insurance company is AGREEING that it is not a total loss, and they will pay the cost to repair (even if there is a supplement), then I see no reason why they would have to re-title the vehicle. If they are still calling it a total loss and paying you the estimate cost as a compromise, then they would want to re-title it. It's solely their call. CCC reports are very reliable, if you took it to court, it's definitely a toss up as to whether you would win. Your evidence does sound decent (at least you are not citing blue book).

[TL-Victim]

Thanks.

If there is anyone with USAA total losss and/or Florida law experience, please chime in also.

I also have no deferred maintenance on the vehicle, and over 3-inches of receipts for repairs with NEW OE parts, so finding a similar vehicle is going to a PITA.

BTW my insurance carrier is the SAME carrier as the person who hit me, so they pay BOTH ways.

Again, if you have Florida and/or USAA total-loss experience, please chime in.

Thanks!

[ecmst12]

Well I have USAA insurance and had a total loss a few years ago. Couldn't be happier with how it turned out, they offered me about $1k MORE then blue book value and deposited the money right into my USAA bank account the day after we settled it. But all I had was an ordinary 11 year old car with 120k miles and one more payment left on it, not anything rare or special.