Auto Insurance Claims: Whose insurance compant do you file a claim with?, rental coverage, own insurance

Question
My son-in-law's car was recently hit, while he was parking in front of his home, by an intoxicated driving .  The driver was arrested and ticketed at the scene.  My son-in-law's car was undriveable and there was damage to the front of his home as well.  Should he report the accident to his own insurance company, to the other driver's insurance or to both?  Who should he expect "handle" his car?  (He suspects it will be "totalled".)  What should he expect as a fair settlement, if indeed this is the case? Also, he does not have car rental coverage on his own policy.  Should the other driver's insurance provide him with a car?

Answer
Hi Louise,

Your son-in-law should file the claim with the at-fault drivers insurance. They will be responsible for the damage to the car, house and rental car. However, he should be aware that it may take some time for the other insurance company to investigate and accept liability due to the fact that their insured is in jail. You should try to obtain a copy of the police report. That may help speed things up.

If there is a lengthy delay in accepting liability, he should file the claim with his own insurance. His auto insurance will cover his car and his homeowners insurance will cover the damage to the house. Unfortunately, in this situation he would have to pay for his own rental car.

I hope this helps
Richard Hixenbaugh