Auto Insurance Claims: coverage limitations, small claims court, isurance company

Question
I was involved in an accident on 10/2007 with a lady that was making an illegal turn. its obvious that she was at fault of the accident. a week later i come to find out that my insurance coverage had a lapse of coverage and that my insurance company could not cover me. so after the accident i had called her isurance company to see if they can cover my vehicles damages. they had told me that the property damages on her policy only covers 5000 the total estimates to my vehicle comes out to be 11000. the adjuster had told me to collect the remaining balance from her. My question is that since it was her fault would i be able to demand payments for the extra losses that i have occured which includes rental car, towing charges, storage fees. etc etc.
Also since the time of the accident i have had back pains and well shoulder pains that comes and goes. wanted to know since it has been three months is there a statue of limitations on claiming a personal injury claim?

Answer
Hi Richard-

The statute of limitations for bodily injury is two years in Ca.  You should take your $5000 and buy an older car for now and then either go to small claims court for the rest including car rental and other losses within reason or if you want to begin medical treatment and pursue the injury damages you probably should get an attorney.  They will take the case with no up front cost but you will have to agree to give them one third of the settlement.

Sheldon Maughan
Sacramento, Ca