Options: Let my own insurance handle case or sue, or both?

[kabocha]

What is the name of your state? CA

I was involved in an auto accident wherein I entered an intersection with a green light and was struck by another vehicle coming from my right on the intersecting street and ran their red light. I have a witness who saw I was not at fault.

I have full insurance coverage. But the other driver was driving a rental car and said she had the rental car company's insurance. My car was deemed a total loss. I was slightly injured - whiplash, sore neck.

Questions: Can I have my insurance company take care of my car and medical expenses? Or, sue the other driver? Or, get the immediate assistance from my own insurance company and later sue the other driver? Simply, What are my options?

[ecmst12]

Your options are to file the claim through your insurance, or through the other driver's. Suing will probably not be necessary.

[FlyingRon]

Most insurance companies will cover your costs up to your policy limits and deductible and then subrogate against the other party to recover their costs. If they successfully recover from the other party, you get your deductible back.

You have the option to do it all yourself, but I've never bothered to do that.

[lex_advoc]

Take both

• 1 You can I have my insurance company take care of your car and medical expenses as they have the right of subrogation (a standard or custom of insurance).
  
• 2 You can sue the other driver independently for tort claim.