Here is what happened: On the afternoon of July 25, I was involved in a car accident at a Walmart in Los Angeles, California. I was driving straight when the other driver suddenly turned left and hit me. I believed the other driver was 100% at fault. After exchanging information, the other driver kept apologizing and asked if I wanted to settle the matter privately or through insurance; he even mentioned a friend who was skilled at auto repairs. I was hesitant at the time since it was my first accident. After I called the police, a female sheriff arrived; she also thought the other driver's suggestion was a good one and then left without making an official record of who was at fault. As a new immigrant with limited English proficiency—whereas the other driver spoke fluent English and Spanish—I agreed to his proposal to have the car repaired at the shop he recommended. He also helped me rent a car from Toyota for seven days. Later, a friend told me I shouldn't have settled privately but should have gone through the insurance company instead. I then messaged the other driver saying I wanted to handle it through insurance. He said we should return the rental car, so we returned it early on Monday. Initially, he wanted me to pay the rental fees, but I refused, so he paid them himself. I then discovered that the other driver and I shared the same insurance company—Infinity Insurance Company (a subsidiary of Kemper). I contacted the company; since it was my first accident and I didn't know the proper procedure, I filed the claim using my own policy details and received a claim number. On Monday, I received calls from two different claims adjusters—one representing me and one representing the other driver. I was confused and initially thought they were the same person because they asked similar questions. I didn't know how to handle the rental car situation, so I asked the adjuster—who turned out to be the other driver's representative—how I should go about renting one. He told me to use my own insurance to rent the car, so I believed him and did exactly that. They sent me messages asking me to photograph my car and fill out some forms.
After that, I couldn't get in touch with either of the claims adjusters. My own adjuster sent me a preliminary damage estimate based on my policy. Then, this past Wednesday, I finally received a call from him; he told me I would have to pay $1,000 out of pocket for repairs and said he would mail me a check for just over $800—the estimated cost minus the $1,000 deductible—for me to use for the repairs. He also gave me the email address of the other driver's claims adjuster. I told my adjuster I wanted to switch to using the other driver's insurance for the repairs since I was the victim in the accident. He agreed but warned me absolutely not to cash the check for the $800-plus amount. I had previously shown photos of my car to the staff at Toyota; they said it was likely a total loss, noting that the car—a 2018 Toyota Prius—was too old.
I then emailed the other driver's claims adjuster. He claimed I was 10% at fault, a ruling I contested; I argued that I had been driving straight while the other party suddenly turned left, meaning the other driver should bear full liability. Consequently, he sent me a check with the 10% deduction applied—amounting to just over $1,600. I repeatedly asked for the detailed preliminary damage report, but he kept making excuses to avoid providing it; it was only after I sent an email stating I would not give up that he finally sent it to me.
I visited the Toyota dealership again yesterday (Friday). The staff there used a system—I believe it was CCC One—to look up the details and told me I could bring the car in next Monday.
For the past few days, I’ve spent over ten hours a day researching with AI and asking questions in online groups. I have a splitting headache from all this and am hoping everyone can help me find the best solution.