Auto Insurance Claims: getting fair blue bk value quote, total loss, unrelated damages

Question
The front-end of my 2001 Dodge Intrepid was damaged in an accident. I ended up in the ER and my car was towed. The tow truck who towed my vehicle ended up damaging the rear of my car. Safeway Ins (the other driver's insurer) says my car is a "total loss" and will cut a check for the blue book value. The problem is that the blue book value will be based on the front AND rear damage even though their insured is only responsible for the front-end damage. What can I do? BTW, the police wants nothing to do w/the tow truck incident so I'm stuck w/that loss. Thank you for your time and expertise.

Answer
Liz,

 Sorry for the delayed response, I was out of town yesterday evening and on the road so I couldn't respond.  Anyway. . . .


   Don't overthink this issue.  If your vehicle has so much damage that it is not economical to repair, then it is totaled, no matter how the damages were caused.  It seems Safeway believes it is totaled and is adjusting the ACV will for any damages that are on the vehicle which the Safeway insured did not cause.  They can do this.  The damages from the tow truck will be considered "unrelated", so you will be left dealing with the tow truck company.  It can be difficult to get a towing company to provide you with their insurance information, and although I feel like I am pre-judging them, I have never met a tow company that was easy to deal with.  Before you start demanding information from the tow company, see if you can get the license plate number for the tow truck, the name of the tow truck driver, and the proper name of the towing company.  Once you have the basic information that you would need to sue, then simply ask them for their liability insurance information.  If they are honest guys, they will give you the insurance information and let you file a claim with their carrier.  They can still argue that they didn't cause the damages or that the damages are not as expensive as you claim, but ultimately, you'll at least know that there's insurance and if you have to sue to prove your point and amount of damages, then you will likely be successful, even with a small claims suit.

    In summary, you can't do much other than understand the process.  Safeway only owes for the damages they caused, so if they are totaling the vehicle and just reducing the amount by the "other" damages, then you simply need to do some math.  Is it better that they pay you the ACV less the other damages, or would you be better off asking them to pay for just the front damages.  I don't know because I don't have the estimates or damage details.

    I hope this helps.