Auto Insurance Claims: at fault driver hit my car, causing total loss/injuries, personal injury lawyer, own insurance


Question
One month ago, a driver hit my new 4 month old car on the right side, causing my vehicle to flip and roll 1 1/2 times and land on its roof.  I suffered a deep cut on my scalp, plus nearly $10,000 in medical bills.  The other guy's insurance is handling the claim, but hasn't made an offer.  It wants to handle the "property damage" aspect of the claim separately than the "medical claim" portion.  Is that normal?  Should I agree?  Which claim handles "pain and suffering."  Finally, if I am unsatisfied with their offer for total loss, should I file a claim through my own agency, which is State Farm.  I don't know what my options are if I disagree with the proposed settlement.

Answer
Yes, it is normal for property and injury claims to be handled by separate adjusters within the same insurance company. You need to speak to a personal injury lawyer about your claim for pain and suffering because that is outside my area of expertise. If you are unsatisfied with their offer of settlement on the total loss of your car, you can file a first party claim with your own insurance company. You will be responsible for your deductible at first, but will recover it when State Farm subrogates with the at-fault party's insurer.