The at-fault party’s insurance company will be required to pay for the damage to your vehicle. You are entitled to take the vehicle to any repair person of your choosing. If it is determined that the cost of repairing the damage exceeds 75% of the value of the vehicle, the insurance company may declare the vehicle a “total loss.” In that case, the insurer must pay the full value of the vehicle plus sales tax.
Whether or not the at-fault party was insured, if you have collision coverage under your own automobile policy, it must pay to repair the vehicle, or pay the “total loss,” if applicable, plus sales tax, less your deductible. Sometimes it is quicker to have your own insurance company pay for the property damage because it must do so regardless of fault, whereas the at-fault party’s insurance company may take more time because it must first determine whether or not it will accept fault for the accident.
If your own insurance company’s collision coverage pays for your vehicle repair or total loss, then it can pursue recovery from the at-fault party’s insurance company and will also seek recovery of your deductible to pass along to you.