Current through 2024 Regular Session legislation effective June 6, 2024
Section 742.558 - Dispute resolution process for total loss vehicles(1) An insurer shall pay the insured or third-party owner of a motor vehicle the amount of the motor vehicle's value that is not in dispute if the insurer declares the motor vehicle a total loss and the insurer and the insured or third-party owner are unable to agree on the value of the motor vehicle. Acceptance of payment of the undisputed amount neither waives the rights of the insured or third-party owner under the policy nor prevents the insured or third-party owner from pursuing a claim for additional amounts. Payment of the undisputed amount by the insurer does not waive any rights of the insurer under the policy.(2) An insurer is not obligated to pay the undisputed amount under subsection (1) of this section until the insured or third-party owner of the motor vehicle: (a) Agrees to execute documents sufficient to transfer ownership of the motor vehicle to the insurer; and(b) Authorizes the insurer, at the insurer's expense, to move the motor vehicle to a disclosed location selected by the insurer, where the motor vehicle will remain available for inspection and evaluation for not fewer than 14 calendar days.(3) After the expiration of the 14-day period under subsection (2) of this section, the insurer may proceed with the salvage sale of the motor vehicle.