L.S.
Hi L.,
Sorry to hear about your accident. I hope you are okay.
I have been in the insurance industry for over 15 years and you have a couple of options on how to proceed.
First, you can call your insurance company back and have them handle the damages to your vehicle and then they will turn around and attempt to be reimbursed from the other driver's insurance company. You will have to pay your deductible but if your insurance company collects from the other company, you will get your deductible back. Also, you need to check with your carrier to see if you have rental coverage. If so, your company can provide a rental car. Most insurance companies will pay for a rental car based upon a cost per day for upto 30 days.
If you don't want to use your insurance, call the other driver's company and insist that they process your claim immediately otherwise you will contact the Department of Insurance (DOI) and register a complaint. All insurance companies have internal guidelines as well as state mandated guidelines on how claims are to be handled and resolved. If it has been over two weeks, you definitely need to follow up with the other driver's carrier for status.
Also, they should address any injuries, inconveniences and out of pocket expenses you incurred as a result of the accident. IF you were injured - even if you didn't seek treatment, you are entitled to a minimal settlement - probably less than $1000. They will also require that you sign a release which is okay as long as you have been fairly compensated. Any release for injuries does not affect any settlement on the damage to the car. They are two separate coverages under any insurance policy so don't think that accepting money for pain/soreness etc relieves them of taking care of your car.
Also, it is not the responsibility of your insurance company to contact the other company and present the claim for you - that is your obligation. Your insurance company will be involved only if you choose for them to handle your damages versus the other company. If your insurance company did such a thing and it wasn't what you wanted, they would be in violation of many insurance regulations.
Also, seeking attorney representation isn't always the answer. Many attorneys advertise that they don't get paid if they don't collect. Please know that this isn't always the case. Attorneys will not collect their fee of 29% to 40% of the settlement on any case - however, costs are very different and must be paid on every case. Costs include such things as filing fees, costs for court reporters, cost of ordering medical records, costs of sending out subpoenas etc. Please don't jump the gun and think that getting an attorney will solve everything. It may get the other insurance company's attention but please make sure you read ALL the fine print of the documents the attorney will require you to sign.
From the sounds of your accident, I think you can handle it on your own. Just follow up with the company of the other driver and again, if they don't respond, contact the Department of Insurance. You can access everything online and once a complaint is lodged, it is sent to management of the insurance company and it must be responded to within 14 days to include plans for resolution of the problem.
Good Luck.
L.