[drcoastline]

Let me throw out the disclaimer first so I dont get sued by some bottom feeding scum sucking lawyer. I am not an attorney so you should seek competent legal advice.

I am an insurance agent in NJ so some of this may not apply and doesn't mean that an insurance company wont try and play games.

You state your wife totalled your 335 that she got hit by a big rig. That could mean a few things.

1. She did something that caused the rig to hit her so she could be partly culpable. That could cause your rate to go up.

2. The rig hit her. The police report and witnesses clearly indicate that so your rate should be un-effected as the rig is fully culpable.

As for the car. If the car is totalled you will get fair market value (which may not be far to you). It is what the car is worth at time of accident mileage, condition, etc taken into account. Since it is a 2008 you may be upside down on the car. That means you will owe more then it is worth so you will have to pay difference between value and your loan, unless you purchase gap insurance which will cover the difference. Or they may opt to repair if they feel it is cheaper to repair. Thus you will get to keep the car and get to continue to make your payments even if you don't want to.

Lastly, if your wife is not culpable and the police report states that. Retain the police report with your insurance records. In NJ it can take up to 5 years to clear the driving record. Your wife's driving record will indicate she was involved in an accident. The insurance company will pull her record annually (what we call a clue report) to determine the rate. The report will only show she was involved in the accident not if she was at fault. If you can not prove she was not at fault they have the right to charge a surcharge for the accident (anything over $500.00 in damage). This is especially important if you change carriers as they will not have record on file of the claim.

Also, since it is a 2008 I assume you have full coverage and rental. Full coverage will allow you to move faster. Your carrier will pay under the collision portion of your policy and then subrogate against the other driver if they were at fault. You will also be entitled to rent a car for a specified period of time. You pay for the rental and they will reimburse.