Auto Insurance Claims: car accident, full coverage insurance, repair estimates

Question
I had a car accident.. I had full coverage insurance. The other driver had insurance.. I live in Texas.. What i wanna know is that i had my 2005 Malibu max x just 2 months ago. I just purchased the car it 2 months ago value of it was 7526.00.. this was the only car i had for work.. The accident was not my fault the cop said ...Were still waiting for the police report. What are my chances!! Will i get another car and will the other insurance pay for the total amount to the car to the finance company... cause the my car was smashed and totaled the front...if they don't get me another car cause it wasn't my fault do i have the right to ask for more or if the other insurers say they will not give me for another car. Should i contact a lawyer? Please Help!!! This is my first accident. Im kinda green to what the adjusters will do.. They will see the car both adjusters on Monday....

Answer
The adhusters will inspect the car and write repair estimates.  If the cost of the repair hits a certan amount, like about 75% of the retail value, they will call it a total loss.  This means it does not make sense to repair it because the cost may exceed the value, or they think it will be too difficult to repair correctly.  But at this point we don't know yet - it may be repairable.

If it is repairable, they will pay for the repairs.  If the repair shop finds additional damage, and they ususally do once they start taking it apart, the shop will call the insurance adjuster for more money.

If it is a total loss, they will determine the retail value at the time of the accident.  They will offer you this amount.  If you think the offer is fair, they will ask you to sign the car over to them and they will then sell the salvage.  It is like they are buying the car from you.  If you disagree with their offer, you'll need to be able to prove to them why the car is worth more.

They will pay off both the loan and any balance left over direct to you.  If by some chance your loan balance is more than the value of the car, you have a problem.  This is know as being upside down.  If this is the case, you'll need to work out a way with your bank to roll the deficit into a new car loan.


If you go through your insurer, you'll have to pay a deductible up front.  Your insurer will then subrogate against the other insurer, and attempt to collect the amount they paid plus your deductible for you.  If you go through the other insurer, it will be simpler, but it sounds like they have not yet decided they are going to pay your claim.  So in order to avoid waiting, you may need to use your own insurance.

If you have rental coverage on your policy, you can get a rental car while all this is resolved.  Also, if the other insurer pays your claim, they will owe you the cost of a rental.