DrDusty86,
Here's the best way to handle this entire situation:
Hunt down your insurance company's website, and find out how to file a claim against your insurance. Once they have a claims adjuster assigned to your case, give them all the details involved.
When the adjuster asks you why you want to file the claim with your insurance company, simply tell him "Because that person's insurance company isn't as good as mine is. I pay you money to take care of me, not them."
The adjuster will ring up an appraisal of your damages, and write you a check minus your deductible. Take it to your preferred shop, and get it fixed, adding any additional adjustments to the claim to get the vehicle perfect again. Don't accept the vehicle back unless it is in fact perfect.
After everything is said and done, your insurance company will then go after the other company for your deductible back, plus all the money they paid to have your vehicle fixed. you will eventually receive a check from your insurance company for your deductible amount. Usually about 6 months later.
If you have pain and suffering from the accident, talk to your claims adjuster about it, and see what can be worked out. They will get that back from the other insurance company, also.
I highly recommend against the knee-jerk reaction to get a lawyer involved. This is an open and shut case if you have a decent insurance company, and have collision and comprehensive coverage on your own policy. I personally have been screwed over by insurance companies and lawyers before, so I have learned how to deal with them to my advantage, and the advantage of my friends whom I have helped with quite a few claims over the years since my bad experiences.
BC.
