According to the Florida Department of Financial Services (FLDFS), the insurance regulator for Florida, if your vehicle is damaged 80 percent or more of the value of your vehicle, then the insurance company must total the vehicle. Some insurance companies may decide to total a vehicle when the damage (and fees associated with the damaged vehicle such as towing charges, storage fees, etc) is less than 80 percent of the actual cash value.

When a vehicle is declared a total loss the insurance company will offer you a cash settlement based on the actual cost to purchase a comparable automobile, i.e. one made by the same manufacturer, in the same model year, of a similar body type and with similar options and mileage.

If you think that your car is worth more and believe if you can show that the car's value is more so that the car should not be totaled out you will need to show proof of the actual cash value to your insurance company. Or if you decide instead decide to go through the at-fault party's insurance instead of your collision coverage then you would need to prove this to them.

Whichever insurance company you are putting the claim through will make a final determination if the vehicle is going to be a declared a total loss or if it will be repaired. If it is totaled and you want to keep the vehicle then you will need to discuss with the insurance company getting your settlement minus the salvage value for the vehicle. But the vehicle will now be a salvage titled car and thus harder to insure.

If you need more information on your consumer rights in this situation try contacting the FLDFS.