Auto Insurance Claims: 10/18/07 Car accident, car damages, two different places


Question
To start with my husband and daughter were involved in a car accident on 10/18/07. Our car was totaled, my husbands hand is broke in two different places he also has a scar on his head were the airbag cut his head open, my daughter was burned on her head from the airbag she has a scar and also had a really bad busted lip. We hired an attorney who is handling both my daughter and husbands case. I recently asked our attorney last week on Wednesday about the car damages when were we going to receive a check for the car and she told me that she was going to get with the damage claims person from the other party's insurance (it was not our fault) We got in contact with that person yesterday and she said that it is to late to get a claim made because we don't have the car. (being that it was totaled they took it to the pound and we found out yesterday that it was auctioned off on 11/26/07) I asked her how come no one ever contacted us and she said that she shows that there was no claim until 12/7/07 so are we at fault or them? Also I explained that the supervisor(the driver was a cab driver) had taken pictures of the vehicle and I did as well and she said that she would submit them to the appraiser and then get back with us in 2 days and that we would only get a Salvage price and not the Total loss price but I don't understand how this is my fault. Can you please explain the difference of Salvage and total loss in price? Also how much should my husband and daughter be expecting. My daughter had check ups with her pediatric doctor and my husband has been seeing a bone specialist? OH yeah by the way we live in Texas.

Answer
Hi Latisha,
I'm sorry to hear about the seriousness of the injuries to your loved ones and hope they both make a speedy recovery.
Since Texas is a mandatory insurance state, you should have reported this to your own company within 10 days from the date of the accident.  They would have recovered from the adverse party and reimbursed you.  
Assuming that your car had a market value of $15,000, it's salvage value was probably less than $1,000.
Since you have retained an Attorney, I can be of no assistance toward your injury claim without jeopardizing my own license.
Immediately contact your insurance company for assistance in the damage claim.  The fact that you have an attorney may also tie their hands.  If this is the case, you are going to have to put a lot of pressure on your Attorney to secure you and immediate full and fair recovery for your car.
I hope this has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
CA 12-18-07 2:34 PM PST