Auto Insurance Claims: Accident Claims, property damage coverage, property damage liability


Question
My wife was in a car accident a couple of weeks back. This is the first time i am in such a situation and I need some guidance. She followed a car who had also skipped the red light and was hit by 2 other cars. Her car (Mazda6 06)and another Pontiac 06 were total losses. The other car in the accident was a 04 Jetta. The Jetta was in a drivable condition and was driven away from the accident scene. I checked with my insurance company(State Farm) and they were still waiting for claims from the Jetta. They tell me that it might be a total loss. Can a car that was drivable be a total loss? There was some damage to the front of the car but the rest of it looked fine. The Police report suggested damages of $3k. Is there any way for me to prove that the damages from the accident are not enough to claim a total loss? If there were more damages inflicted on the car after the accident, how do i prove it?
   Also, my property damage coverage is $25K. If there Jetta is also a total loss the damages will come above the $25K limit. Am i totally responsible for the excess. Is there any way for me to dispute is. Do you suggest i hire a lawyer to fight the case.
 From what i have heard if the damages to the car is about 75% of the value of the car the insurance companies declare it a total loss. But in my position if they were to fix the car it might come in under my property damage limit. Is there any way i can fight for the car not to be totaled. How does all this work?

Answer
Hi Kris,

I understand how frustrating the whole process can be. Unfortunatly, there is not much you can do in this process. Your insurance company is acting as your representitve. They will inspect the car and will write their own repair estimate. If the cost to repair is 75% or more of the value of the vehicle, they will declare it to be a total loss.  If the total of all damages exceeds the amount of your property damage liability coverage, then State Farm will attempt to negotiate with each party to try to secure a signed release form before they make payment.

You do not need to hire a lawyer at this point.  Just stay in contact with your State Farm adjuster who should be able to keep you informed of the progress of the claim.

I hope this helps
Richard Hixenbaugh