Thats what I've been telling them. Its at a different body shop now. I'm fighting with the insurance company now to fix it. I'll just hang on to the rent a car till they decide to fix it.[/quote]

Stupid drivers and stupid insurance companies I don't get how people get the gas and brake pedal confused.

It takes all kinds. Gas, brake seams simple enough.

Sorry to see this!! Good luck though.

His insurance will be liable for the water damage, too, because it'* a direct result of the damage he did. Not as sure about the fender, that may fall on the shop. It does look as though the fender had some damage, too?
As far as his insurance totalling your car, I don't know if that'* kosher. Demand a copy of his policy for review, and go over with your own insurance agent. I guarantee he will be most helpful. After all, anything not covered by his insurance would go on your uninsured drivers coverage.

i agree with brian. go see your own insurance agent. if you've been with them a while they should be bending over backwards to help. the local broker i deal with here always does what he can.
i know here in ontario we have no fault. i take it in newfoundland you don't?
although thats not always a help. i got sideswiped last april by an old man in his 80'* and ended up in a fight with my own company not to write the car off. but i won in the end so stick with it. it took 3 days of screaming on the phone all the way up to the head office in toronto but i got there, you can too!

I mourn your loss.

<cringes>...oohhhhh...nasty.... good luck with the ins battle.

man...I twiched when i saw that damage. i feel your pain. my bonnie was parked in front of my apartment in late december, and a drunk neighbor hit it. of course, he didnt have insurance(he didnt even have an american license, just a mexican one). 500 dollar deductable! YAY! good luck with the insurance company on this one.

ahh, that is very unfortunate, i hope insurance is good to you