Expert: Ron Cercone - 12/26/2009

Question
I was not at fault I was hit at intersection by a vehicle that was speeding down the wrong way street. My car is in the shop and it has not been determined if the car is repairable or total loss . I cannot currently purchase another vehicle and the loss could possibly just pay off the loan . Do I get any recovery at all if I have to start from scratch. Also who makes the determination of the total loss your insurance or theirs when you are not at fault . Does a total loss have any bearing on the personal injury side.  

Answer
Joey,

The vehicle damage or value should be paid separately from the personal injury claim. Make sure any check for payment from the other drivers insurer says vehicle damage only, not "general damages".

No one can take your car from you, even if it is totaled. However if it is totaled and you keep it, a deduction will be made for salvage. For in in depth discussion on all the possible scenarios, what to claim, and how to keep from being outsmarted or lowballed, consider the UClaim.com eBook product Total Loss Auto for Claimants.