Auto Insurance Claims: Time limits, guilty party, insurance co

Question
A woman hit our car and totaled it according to my insurance co. My Insurance co. wanted to handle the claim. I wanted the other persons policy to handle the claim so i would not have to pay the deductible. The accident was Jan 18, 2008. Am i in my rights to let the guilty party's insurance policy pay my claim? We both are with the same company. How long can i keep the rental car? My adjuster is ready to settle now but will minus the deductible.What can they do if i refuse to settle now? i live in Oregon. I never wanted my policy to handle the claim, but they insisted it would speed things up.

Answer
Hi Derrick-

You should not have to pay a deductible if you were not at fault.  If your policy handles it- that's ok.  Once everyone agrees you were not at fault they should give you back your deductible.  
If they are ready to settle now, they will not cover a rental car much longer.

Sheldon Maughan
Sacramento, Ca