[Biz-z Z]

Rail,

Sorry to read about the bad news. As they say, this too shall pass. Now, take a deep breath and sit down. I don’t know if yours is a no-fault state or not. Choose a reputable body shop and have your car estimated there. Chances are your carrier (if you have collision coverage) will send an appraiser there to get an agreed price to repair your vehicle. In the mean time, the girl’s( who rear ended you) (adverse) carrier should be in touch with you also. If you are happy with your carrier’s service and they have agreed to the repairs your garage feels are necessary, the game is almost over; settle with your insurance carrier. Inform the adverse carrier you will need "loss of use" (rental) while your vehicle is in the shop. Work out the details with that carrier as to what they will pay while your vehicle is in the shop. Beware carriers are loath to pay for mileage charges, collision deductible waivers, gasoline, tolls, etc.

Making claim with your company should be easier presuming you are able to swallow your collision deductible, temporarily. . I say easier, because if there are any snafus, your agent should be able to go to bat for you. He/she should have clout on the close calls.

Sometimes there are hidden damages the appraiser or shop didn’t see originally. Make sure your shop will call the appraiser back to verify the hidden damages before they work on repairing them. Once verified, the appraiser should submit a supplemental appraisal to the carrier. After payment to you, or if you direct them, to the garage for your benefit, your carrier will present a claim (subrogation claim) against the adverse carrier looking for the amount they have paid, plus your deductible for you. They will prorate whatever they recover, less expenses.

Be mindful that you may have a bodily injury / personal injury claim on top of your property damage claim. Again, if yours is a no-fault state there may be a threshold of medical costs you have to exceed before you are allowed to bring a claim directly against the adverse party for your injury. Whatever the case, be sure not to sign a release which extinguishes both your bodily injury and property damage claims unless you truly want to close both out at that time.

If you decide to deal directly with the adverse carrier for your property damage claim and not make a claim with your own carrier, do not let the adverse carrier push you into settleing your bodily injury claim just to get payment for your property damage claim (repairs to the vehicle, rental). Call your state insurance commission if that is proposed.

While I can ‘t give legal advice, I would recommend not extinguishing any bodily injury claim you might have right now. Wait a fair amount of time. If things hurt, go to a doctor or hospital. Don’t “John Wayne” any injury you have. If the injury becomes chronic, it will be harder to causally relate it to the accident if you have not treated for it early on.

If you do need to see a health care provider, ask your insurance agent if your auto medical coverage (sometimes called "medical payments") can be used to pay for the necessary medical treatment while you are convalescing. In some states, one can collect medical payments under one’s own auto policy and still present the bills to the adverse carrier as part of a liability claim (in addition to “lost wages” “pain and suffering” “loss of enjoyment of life”, etc.). It may seem like it is double dipping but in some jurisdictions it is allowed. Ask your insurance agent or better yet, call your carrier’s claim department and speak with an adjuster to see if this is permitted in your state.

Remember, if you feel anyone is dealing from the bottom of the deck, go to an attorney. Above all else, always be fair.

Hope this has been helpful. Good luck.

Zib