Expert: Charlie Barone - 12/26/2009

Question
QUESTION: I was not at fault I was hit at intersection by a vehicle that was speeding down the wrong way street. Can I go through my insurance carrier to recover losses due to depleted value or if my car is totaled due to driver neglect or mechanical defects that have caused the wreck. How much of the property damage coverage go towards my repair . On a totaled vehicle who cuts the check your carrier or theirs

ANSWER: In most states your own insurance company has excluded diminished value losses from first party benefits, which would bar you from going through your own company for the loss of value. If the other party was at fault, you can file a diminished value claim through their insurer. You can file the claim for the repair costs with your company, at which point they can subrogate with the liability carrier of the other party and reimburse you for your deductible. It's up to you which company you use to file the claim for the damage.

---------- FOLLOW-UP ----------

QUESTION: Thank you for your response . I have an additional . I had purchased an extended warranty on my vehicle at the dealer which was still in effect , If the car is a total loss is this added or pro-rated into the final settlement offer.  

Answer
They have to make you whole in the settlement. That means putting you in the same position you were prior to the loss, which means you had the additional warranty coverage, the balance of which was still in effect. Your state may have specific regulations to deal with an issue like this, so check with your state insurance regulator.