Auto Insurance Claims: Totaled Car/Other Driver 100% Liable, auto accident claim

Question
My 96 Explorer deemed a total loss on 11-18-09. Other driver & myself have same insurance company. I've had to work with 6 separate adjusters thus far (accident was 11-5-09). Injured in accident and it's been extremely difficult to deal with all of this, as I can't sit for very long, and among other things, I tore something in my right elbow, making it very hard to use the computer, and to drive. I now must try to find another car, recover from injuries, deal with my personal life which includes a 12 month-old baby, and look for work as I have been unemployed for over a year, after a 20-year executive management career in health care. My car was purchased new, top of the line, and we've maintained it very well. Insurance co. is not offering enough to replace, and I have literally spent 24 hours solid, over the last 5 days, doing internet searches, phone calls, etc. I am also being told that since they have now made an offer for totaling the car, I must return the rental vehicle. I have tried to contact the appropriate party to discuss as the car was technically due back today, but either the person I reach tells me that they aren't the right person, or I get someone's voice mail. Returning rental leaves me with no way to search for a car, get to medical appointments, or to actively look for work.  The nearest comparable car is about 150 miles away and is $1800.00 more than offer. I've even had to have my 25 yr-old son come and stay with me to help out at home.
It seems odd to me that they are choosing to total the car,when the repair cost IS ONLY $100 MORE than the money they are offering me! I was told that if I had gone to a "preferred" body shop, perhaps it would have turned out differently. When I mentioned that I was not aware there was a preferred shop, meaning the adjuster who came to our home did not mention this, he back-tracked and said, "well, we aren't allowed legally to require a certain shop, but we do have shops we work with and recommend". Isn't this the same thing, and illegal??
Is it to my disadvantage that the other driver and I both have the same insurance company?  What about the rental car situation; aren't they obligated to allow a reasonable amount of time to find a replacement? I was not at fault for this accident in any way, but it certainly feels like it was. I don't want to even utter the word "lawyer", but is this becoming too complicated of a situation perhaps?
Appreciate any assistance and advice.
THANKS
Pam


Answer
Pam

1. Rental car - they owe you for as long as it takes for them to pay you a "fair" settlement on the value of your total loss vehicle.

2. Vehicle valuation - consider the UClaim.com eBook on Total Loss Auto to get them to pay you a fair settlement. It has a money back guarantee.

3. You can settle the auto value claim before the injury claim, make sure the check says auto damage only, not general release.

4. With your type "hard" injuries, you need a good accident lawyer to properly document and negotiate your injury claim, which could be open for a year or two.

5. Both drivers with the same insurer is no disadvantage for that reason in and of itself. But this does not necessarily mean they will be fair in valuing your claim.