I have worked in collision field for 23 yrs, the guys are correct YOUR ins. co. SHOULD be taking care of getting your car fixed situation resovled IF the other ins. co. is not stepping up, then just like Greg said, they go after the at fault ins. co. True statement, no lawyer needed. By the way, this is why I switched to State Farm Ins. beat ALL the other guys hands down as far as customer service, they are the top! just ask Steven Rupp, his car was hit by a State Farm insured. Shawn

Yup +1 on the above except the lawyer. I did 2 years of AD adjusting for a major insurance co. You pay your premiums to your insurance company for their services and since the other company is dragging their feet you can file with your own carrier to get on with your life and they will subrogate against the other insurance company. You may need to pay your deducatable up front but it should be refunded to you when they get repaid by the other insurance co. I've also seen people do this when dealing with jack-a$$ insurance companies that weren't being resonable or outright adverse to deal with- usually small hole in the wall "discount" insurers.

Good luck! Glad you are OK! Cars can always be replaced but lives can't

Another update...

My ins. co is paying the value of my car sometime this week, I will have a balance of $5000.00 . I don't know what happens now?!?! Do I go after the other ins. co. for the balance and compensation ???

You're not very clear here...

So are you saying that you OWE $5000 more than the car is worth?? And that they're not paying off the balance due on your auto loan?

Have you tried to check the value of your car on any of the websites that do that sort of thing?

I wouldn't accept settlement if you're not happy with the outcome. What has your agent done for you? ANYTHING? Is YOUR agent not advising you what to do? Something doesn't add up here.

ok Sorry, The finance balance is $16,700 that I owe, my ins co. is paying only $ 11,000 (more or less) so I will be responsible for the balance. My ins. co. will send it to the subrogation dept and they will go after the other ins. co. to get reimbursement.

Does that make more sence?

I wouldn't accept that settlement.

Get some numbers on your own of the value of your car. No way should someone be able to total your car and leave you with no car and owing money.
Time to get a lawyer.

AND a new agent because they suck!