Big insurance mess need advice.

by dymlostalos » Thu Dec 03, 2009 04:45 pm

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 since I'm broke. My credit isnt bad its in the 600's though, but 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

Total Comments: 1

Posted: Thu Dec 03, 2009 04:54 pm Post Subject:

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?

Depends on your state laws and how your policy is worded. Most likely your own carrier won't be responsible for DV. The other carrier probably won't consider it as they are going to address the claim as your vehicle being a total loss, which they can do.

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?

I don't really know, this is up to your GAP carrier. My _guess_ is that they probably won't know or it won't matter and they would address that difference.

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