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Originally Posted by gatorgirl
Ok, I'm not sure if you're saying that her insurance company should waive her deductible nor not. I'm just not sure about filing with my insurance cause then I will have a claim on mine. I do feel bad because she might have to pay a deductible but at the end of the day she did hit me, not the other way around. And thank you for the diminished value claim. I will definitely check into that on Monday.
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Its been awhile and I'm sure it varies by state. But the last time someone hit me, you do have to file a claim with your insurance simply to help get their insurance company to work towards a settlement. Although if their insurance company cooperates, you will deal with them on proving fault (get the police report for your own satisfaction), the estimate, the arrangements (make sure its an authorized BMW repair center), the inspections, etc. You pay the deductible, they pay nothing (up front), their insurance company covers the repair, any rental costs, any diminished value, and reimburses you for the deductible. Any part that you don't get satisfaction on is where your insurance company steps in.
BTW, their insurance will likely go up because of it being their fault, so they do pay for it in the long run.