Phil, glad all are okay that's what really matters. I don't practice much in auto accidents or liability, I've done some so here is a bit of very basic and generic AND TOTALLY NON RESEARCHED professional legal advice, which is free as that's what its worth absent a thorough study and review of the law and facts.
FYI the other auto owners insurance company OWES YOU NOTHING they didn't hit your car so don't expect them to admit or do anything. You have no contract with them.
HOWEVER they DO have a contract with the other driver which basically says if she is found liable they will defend her and pay claims. You or Your attorney is looking for the deep pocket which usually is NOT the other driver
If there's a legal action you don't sue her (other driver) insurance company YOU SUE HER at which time her insurance contract kicks in and they will defend her and/or pay claims etc. A threat of legal ACTION OR A demand is what gets the insurance companys attention. Its often much much cheaper to pay a small claim then take it to court DUH.
Her Insurance company will likely not even talk to you. BUT DONT TELL THEM ANYTHIGN OR ADMIT ANYTHING EITHER
The way it works is the injured party (you or your attorney) SERVES A DEMAND on the wrong doer seeking damages for repairs, injuries, pain and suffering, lost wages etc etc etc .
Subject to liability (a fact issue for the judge or jury NOT you NOT her NOT the cops) they may come back with a counter offer etc ITS NEGOTRIABLE. If you settle you accept all and waive any law suits and take the money and run.
Don't be in a hurry, keep excellent records and a daily ledger, keep receipts of all expenses medical and car rental and lost wages, keep a good paper trail and document and preserve evidence. You typically have 2 years to bring legal action
ADVICE (but do as you well please) DO NOT bet the farm or take a risk or loose any rights or do as your know it all brother in law or ANYONE here, lay or even professional, including MEEEEEEE says, but consult professional competent legal advice. BUT BE AWARE THEY MAY WANT 1/3 OR MORE IF YOU GIVE THEM THE CASE!!!! Myself nor anyone here knows all the facts or your states laws and is only hearing ONE side of the story
Get a couple repair estimates, take lots of pictures, get a copy of the police report, keep good records of ALL expenses and losses, consider a good medical exam and report. Often YOUR insurance company will handle it all on your behalf (for free no need to hire a lawyer) and you get compensated and they seek payment from her insurance company
Nuff said, do as you well please, this is NOT complete or accurate ONLY a few basic things you may or may not wish to consider. As I always say LEGAL OR ELECTRICAL questions draw the most opinions including meeeeeeee lol
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Today's Featured Article - Listening to Your Tractor - by Curtis Von Fange. Years ago there was a TV show about a talking car. Unless you are from another planet, physically or otherwise, I don’t think our internal combustion buddies will talk and tell us their problems. But, on the other hand, there is a secret language that our mechanical companions readily do speak. It is an interesting form of communication that involves all the senses of the listener. In this series we are going to investigate and learn the basic rudimentary skills of understanding this lingo.
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