The collision claim process, start to finish

Get safe first

If anyone is hurt, call 911. If the cars can be moved and they're blocking traffic, Florida law says the driver must "make every reasonable effort to move the vehicle or have it moved so as not to block the regular flow of traffic."^[1]

When you must call the police

A driver in a crash that causes injury or death, or "damage to any vehicle or other property in an apparent amount of at least $500," must notify the police right away by the quickest means.^[2] Most car damage today easily passes $500, so in practice: call. The Florida Department of Financial Services also tells drivers to contact law enforcement "regardless of how minor it seems."^[3]

Which report you'll get

An officer must file a long-form crash report when someone is hurt or complains of pain, when a car had to be towed from the scene, when a commercial vehicle is involved, or in certain hit-and-run or DUI cases. For other crashes on public roads, the officer completes a short-form report or gives you a "driver exchange-of-information form."^[4] Keep whatever paper or report number you're given.

Swap information

Florida law requires drivers in a crash to give their name, address and the vehicle's registration number, and to show their driver's license if asked.^[5] Also get the other driver's insurance company and policy number, and the names and phone numbers of any witnesses. DFS recommends collecting witness contact details so your insurer can reach them later.^[3]

Take photos

Before the cars move, if it's safe: all four sides of every car, close-ups of the damage, license plates, the other driver's insurance card, the road, skid marks, traffic signs and anything else that shows what happened.

Don't argue about fault at the scene

Stick to facts. Fault gets sorted out by the insurers, and sometimes by the courts.

DFS warns that "the insurance company may deny payment of your claim if you do not report the accident in a timely manner."^[3]

You can file in one of two places

• First-party claim: on your own policy, usually under collision coverage. You pay your deductible.
• Third-party claim: against the at-fault driver's property damage liability coverage. No deductible from you if they accept fault.

Not sure which? Read our guide: First-party vs third-party auto claims in Florida.

Write down your claim number and your adjuster's name and phone number. In Florida, an insurer generally has to review and acknowledge a claim communication within 14 calendar days and send claim forms and instructions with a notice of claim, with some exceptions.^[6]

What insurers can do

Many insurers keep a list of "preferred" shops. DFS notes these programs can come with perks, such as a rental car, a repair guarantee or a premium discount.^[3] DFS also says that if you use a shop that isn't on the insurer's preferred list, the insurer isn't responsible for rental costs caused by that shop's repair delays.^[7]

What Florida law says when an insurer insists on a shop

Section 626.9743(3), Florida Statutes, says: "An insurer that elects to repair a motor vehicle and specifically requires a particular repair shop for vehicle repairs shall cause the damaged vehicle to be restored to its physical condition as to performance and appearance immediately prior to the loss at no additional cost to the insured or third-party claimant other than as stated in the policy."^[8]

In plain words: if your insurer requires a certain shop, the insurer is on the hook for getting the car back to how it was before the crash, at no extra cost beyond what your policy says.

If you're claiming against the other driver's insurer

When liability and damages are reasonably clear, that insurer "may not ... recommend that a third-party claimant make a claim under his or her own policy solely to avoid paying the claim." It may still "identify options" for repairing your car.^[8]

Your shop's estimate

We look the car over, photograph the damage and write a line-item estimate. Where we can, we take the damaged area apart first so hidden damage shows up early.

The insurer's look

Depending on the insurer and the damage, the adjuster may come to the shop, send an appraiser, or work from photos (sometimes you send them through an app). DFS notes some insurers inspect the car or ask for photos before repairs, while others ask you to get an estimate. Wait for the insurer's inspection before repairs start.^[3]

You're entitled to the insurer's estimate

If your insurer settles a partial loss using a written estimate it prepared (or had prepared), it must "supply the insured a copy of the estimate upon which the settlement is based."^[8] Ask for it. We compare it line by line with ours.

If the insurer's estimate and ours don't match

That's normal at first. We send the adjuster our photos and estimate and explain the difference. If you and your insurer still disagree on the amount, many policies have an appraisal clause, and DFS runs a free-to-you, non-binding mediation program for vehicle property damage claims.^[9]

What it gives you

• A written estimate. When repair work will cost you more than $150, the shop must prepare a written estimate before the work starts.^[11]
• A copy before work begins. The estimate (and its required disclosure statement) must be given to you "before repair work is begun."^[11]
• Your old parts. The estimate must let you say whether replaced parts should be saved for you to inspect or take back.^[11]
• No surprise overruns. A shop can't charge more than the written estimate plus "$10 or 10 percent, whichever is greater, but not to exceed $50" unless you authorize it. When the shop finds the cost will go over, it must tell you, and you can authorize, change or cancel the work, orally or in writing.^[12]
• No unauthorized work. A shop may not "make or charge for repairs that have not been expressly or impliedly authorized by the customer."^[13]
• No quiet part swaps. A shop may not swap in used, rebuilt, salvaged or straightened parts for new ones without telling you, and telling the insurer when insurance is paying.^[13]
• Waiving it. You can waive your right to a written estimate in writing. Only sign a waiver if you understand what you're giving up.^[11]

Problems with any repair shop can be reported to the Florida Department of Agriculture and Consumer Services at 1-800-435-7352.^[7]

Read it, and ask about anything that isn't clear: what work is authorized, how supplements will be approved and how payment works. Florida law bars a shop from refusing to give you a copy of any document you sign.^[13]

Why supplements happen

A first estimate is based on what you can see from the outside. Once a bumper cover, door panel or headlight comes off, we often find broken brackets, bent reinforcements, cracked sensor mounts or damage to parts behind the impact. None of that shows up in photos taken in a parking lot. Supplements are a normal part of collision repair, not a sign something went wrong.

How we handle them

We photograph the hidden damage, write it up line by line and send it to the adjuster for approval. We keep you posted. If a supplement changes what you owe, we tell you before we do the work, as the Florida Motor Vehicle Repair Act requires.^[12]

OEM parts are made by or for the carmaker. Aftermarket crash parts are, in Florida's words, replacements for "nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle," made by a company other than the carmaker or its supplier.^[14]

What Florida law requires

• Disclosure on the estimate. When non-OEM aftermarket crash parts are used in an estimate, "the written estimate prepared by the insurer or the repair facility, or both, shall clearly identify each such part." The estimate must also carry a printed notice, in at least 10-point type, stating that it was prepared using crash parts from a source other than your car's maker and that those parts are warranted by their own maker or distributor, not by your car's maker.^[15]
• Equal quality. "An insurer may not require the use of replacement parts in the repair of a motor vehicle which are not at least equivalent in kind and quality to the damaged parts prior to the loss in terms of fit, appearance, and performance."^[8]
• Mechanical parts. DFS says aftermarket parts may be used for non-mechanical exterior sheet metal or plastic parts, but not for mechanical parts.^[7]

What Florida law does not do

It does not require insurers to pay for OEM parts on every repair. Whether OEM parts are covered depends on your policy.

A deductible is the "portion of the insured loss (in dollars) paid by the policy holder."^[16]

• First-party claim (your own collision coverage): you pay your collision deductible, usually to the shop at pickup. The insurer pays the rest of the covered repair.
• Third-party claim (the other driver's insurer accepts fault): no deductible. Their property damage liability coverage pays for the covered repair.
• Getting your deductible back: If you use your own collision coverage and the other driver was at fault, your insurer may go after the other driver's insurer to get its money back. This is called subrogation. If it succeeds, you're also reimbursed for your deductible.^[17] How much and how fast depends on the case.

• On your own policy: you need rental reimbursement coverage, which DFS says is usually only available if you carry comprehensive and collision. The insurer isn't responsible for a rental "unless there is a covered claim," and most policies have you pay first and turn in receipts.^[7]
• On the other driver's policy: ask that adjuster whether they'll pay for a rental while your car is being repaired, and for how long. Get the answer in writing if you can. If they refuse, check with an attorney about your options.
• Check your daily limit and day limit before you pick up a rental. Your policy or the adjuster's approval sets them, not the shop.

If the crash damaged mechanical parts, PorscheWorks handles them in the same building. We send you updates as the work moves along, and we call you if anything changes, including new damage, parts delays or a supplement waiting on approval.

At pickup, walk around the car with us in good light. Ask about anything that looks off. Then we go over the final invoice and the lifetime warranty.

Who the check goes to

Insurers pay in different ways. Some pay the shop directly. Some send the check to you, and you pay the shop. If you have a car loan or lease, the check is often made out to you and your lender (the lienholder), because the lender has a financial interest in the car. That means the lender may need to sign the check before it can be deposited. Check your policy and call your lender early so this doesn't hold up pickup.

What you pay

Your deductible on a first-party claim, plus anything the insurer didn't cover that you approved in writing (for example, an upgrade you asked for).

When the insurer pays after you agree

If you and an insurer agree in writing on a settlement, Florida law says the insurer must pay "no later than 20 days after such settlement is reached," unless the agreement sets a different date.^[18]