Expert: Ron Cercone - 12/3/2009

Question
Hello, Ill start by telling you the situation.  My car was tboned recently and it was no fault of my own.  I made the claim with my insurer first as I did not have the other drivers info untill I got the police report.
My insurance company went ahead and started the process and got someone to inspect it as well as start my pip claim and the like due to neck and back pain.

Shortly after mine scheduled the inspection her insurence company contacted me and asked me questions and wanted to send someone to inspect as well, but they told me I had to choose either them to do it or mine.  I told him to go ahead and I still let my people do it as well because I figured that was a load of crap.
The report came in, my 2005 hyundai sante fe took 8000 dollars of damage, my insurence says its repairable her insurence says its a total loss.  

Okay the question is, If i go through mine I have to pay the deductible which isnt an issue and then it will be repaired and I won't have to worry, If i go this route can I ask my insurence for diminished value on the vehicle due to it being no worth less then before, will they do that for me and just charge the other insurence company or will they deny it alltogether, if they do would a lawyer be able to make it happen?

If i go through her insurence its totalled and they are saying the value of my car is much less then I figured, its also much less then the remaining balance on the loan, but my gap would cover that.  In the end i would be left with no car, no down payment for another car and I would have to figure all that out in the middle of the holiday season.  That doesnt sound fun.

My last question is, if i total it and my gap covers it, will they cover the one payment i defered last year or will that need to be paid by me, or will it make the gap coverage not work?

Sorry for such a massive series of questions hope you can help!

-Josh


Answer
Josh,
1. You will have to ask your insurer about the gap question.

2. I don't care what some websites say on the internet, your chance of getting dimished value from your insurer is a long shot, in my 30 year experience opinion.

3. Go with the repairs and let your insurer get your deductible back, especially if you have rental car coverage or if you have another vehicle to drive during repairs. However if the other insurer has a replacement vehicle that is comparable to yours (not likely if you actually look at the so called comparable vehicles), then go that way, if you have no rental car coverage.

4. If you want your car totaled out and want a fair settlement, get the eBook at UClaim.com Total Loss Auto.

5. If you want the car totaled by "your" insurer, advise them and their body shop, in writing, you will not sign any supplement repair checks by the body shop, so they better do a prerepair "teardown" if their estimate is not firm. That may be enough to make them total it out.