Auto Insurance Claims: auto accident, first impact, wite

Question
I was involved in an accident where a teenager was talking on her cell phone. The car in front  of me came to a sudden stop so I had to stop suddenly. I was at a complete stop when the girl on her cell phone hit me from behind. There was two impacts. The first impact I moved, with the second I taped the car in front of me. She is now claiming I hit the van first. Then she hit me. Her insurance company will pay for a new bumper but will not pay for it to be painted, because of scratches i previously had. The insurance company also doesn't want to pay for my front end damages. What can i do to get them to fix my car properly, when the girl was clearly negligent, and could not have seen me hit the car in front of me.

Answer
Hello,

I can only give you general advice here.
You may not like what. Wite, but I don't make the rules.

As far as I am concerned the girl on the cell is a menace and needs to learn responsibility.

As far as painting the bumper, the insurance company is required to put the car in pre-accident condition. If your bumper was painted at the time of the accident, it must be painted now. If they want to put scratches in like the way the bumper was-they can go nuts, but they have to paint the bumper. If you have to, go to a supervisor.

The damage to the car you hit, you are liable for even if your car got hit.
If the damage is severe to your car, this would be a collision claim. Possibly you insurance could recoup the deductible from the girl that hit you.