File on my insurance or wait for theirs? Not-at-fault but need a rental NOW

I was in almost this exact spot last year. I filed through my own insurance just to get moving because I couldn't afford to wait around. What I didn't realize is that once my insurer settled with the at-fault driver's company through subrogation, I could still send a separate diminished value demand letter directly to the at-fault driver's insurer. My attorney handled that part afterward. So filing through your own first doesn't necessarily kill the DV claim — it just means you have to pursue it separately. Worth looking into.

Whatever you do, don't let the at-fault driver's insurance adjuster sweet-talk you into a fast settlement before you even know the full extent of repairs. They will absolutely call you in the next day or two sounding super helpful and reasonable. That's the move. They want you to settle before you know what diminished value looks like. Don't sign or agree to anything until you have the repair estimate and ideally a DV appraisal in hand.

Former adjuster here. The officer's advice to file through your own coverage first is actually pretty standard and practical — it gets the ball rolling faster and your insurer will subrogate (recover their costs) from the at-fault carrier. The thing people miss is that subrogation also typically gets you your deductible back once fault is confirmed.

On diminished value: you're right that most personal auto policies don't cover DV for your own vehicle. But that claim lives with the at-fault party's liability coverage regardless of how you initially filed. You can still pursue it. Just make sure you do it before you accept any final settlement from their insurer and close out the claim.

A couple of practical things — first, get that police report as soon as it's available, even if you have to request it online or go in person. Second, document the current condition of your car obsessively: photos, video, all of it. Third, if the car gets repaired, look into hiring an independent appraiser specifically for diminished value. Some states have specific rules about how DV claims work and what the at-fault insurer is required to consider. Not legal advice, just process stuff I've picked up.

Not legal advice, but this is a really common question. The short version: filing through your own collision coverage generally does not waive your right to pursue a diminished value claim against the at-fault driver's liability policy. Those are two separate coverages and two separate claims. The bigger issue is timing — DV claims need to be made before you accept a final settlement and release the at-fault carrier from further liability. If you're serious about DV, talk to a PI attorney before you close anything out. Most do free consults.

Just want to ask — are you feeling okay physically? Rear-end hits can cause soft tissue stuff that doesn't show up for a day or two. Whiplash in particular can sneak up on you. If anything feels off — stiffness, headaches, shoulder or neck pain — please get checked out and make sure it's documented medically. Don't let the car stuff be the only thing you're focused on right now.

File through your own insurance today, get the rental, and handle the diminished value claim separately once you have a repair estimate. Sitting without a car waiting for the other driver's insurer to get around to confirming fault is a real cost too. Don't let the perfect be the enemy of the functional here.

Ugh, this is so stressful. I'm sorry you're dealing with all of this on top of just the shock of the accident itself. Hopefully someone here can give you a clearer path forward — it sounds like you've already thought through it more carefully than most people would.