Auto Insurance Claims: Insurance Claim, storage charges, own insurance


Question
I have a couple of questions I would like to ask for your advice. I was rear-ended at a red light that pushed my car hitting a car in the front. I filed a claim to my insurance and was told the car was a total. My insurance policy has a $1000 deductible collision and no car rental. I rented a car for a few weeks at my own expense. My insurance will pay for the total minus deductible. So who pays for these losses (deductible + car rental) I incurred in this a property damage? How do I get reimbursed?
For personal injury, do I need to hire a lawyer to file a claim with the at-fault insurance company or can my own insurance go after the other insurance for the losses that I have had/experienced?
Thanks

Answer
For your vehicle, you can either file a claim with the at fault party's insurance company or file with your own insurance company and let them go after the other carrier for the damages and your deductible.  If recovered, the deductible will be refunded.  What I'm not understanding though is why you were in a rental car for several weeks.  As any total loss can be settled within a few days of reporting a claim, I'm not sure if the other company will owe for several weeks of rental.  The reason is that we all have the legal duty to choose the options that available to us to mitigate (minimize) a loss in any type occurrence.  If you chose not to accept your own insurance company's offer to settle the total loss and just let the vehicle sit without pursuing the at fault party, then only you are responsible for the resulting additional expenses which would include rental and possible storage charges for the damaged vehicle.

As far as any bodily injury, your only options are to pursue the other carrier or hire an attorney to do it for you and take 1/3 to 1/2 of your settlement.

Good luck!