Auto Insurance Claims: T-bone Accident-Not his fault, gap insurance, storage charges

Question
My husband was t-boned during his lunch hour by a 24 yr old driver who admitted running a stop sign.  There was also a witness who reported to the officer that it was the 24 yr old's fault.  My husband of 62 did not go immediately to the hospital as I advised him to do,  but waited to come back to our home town hospital some 3 hours later after the accident.  Our 2003 Ford Ranger was taken to a towing company and we assume it is totalled.  My husband is still trying to work with neck problems that has arisen from this accident.  He had disc surgery some 18 years ago in the neck and we feel that this wreck has aggrivate the situation.  We hired an attorney as our insurance adjuster kept badgering us to get the vehicle out of storage because the other insurance company may not pay the bill.  My husband Don has never had a ticket, much less a wreck and we just didn't know how to react- ie(if we should take responsibility for our vehicle- getting it towed elsewhere and such) We have since found out from the attorney that the insurance company for the other party is not taking responsibility for the storage, tow. We still owed $5700.00 on our vehicle (we also have gap insurance)  and if it is totalled, we will come out with nothing to drive.  What can we expect from our attorney with Don at retirement age and now having cervical neck pain?  

Answer
Hi Kathy,

Since you have an attorney, you should be directing all of these questions to him or her.  But I will try to assist.

If the claim is being handled by your insurance company, you should call them to see if the vehicle is being declared a total loss. If the answer is yes, tell them to go pick up the vehicle to stop any additional storage charges. If the vehicle is repairable, then you need to select a body shop to do the repairs and tell that body shop to send a tow truck to pick it up.

As for your husbands injury, that is something you shoud discuss with your attorney.

I hope this helped
Richard Hixenbaugh