Legal Question in Personal Injury in California

Why not get the money from your own carrier to repair your car, and sue her and the vehicle's owner for all the money, including the deductible and rental car? You can't sue the insurance carrier, yet. There's also a chance that she won't pay, so you'd at least be able to get your car repaired.

You can't sue someone else's insurance company. Used to be you could, but not anymore, for a couple of decades now. Mr. Stone is right to use your insurance for what it covers, and then go to small claims for any other out of pocket, such as rental car. The driver and the owner of the car are jointly liable to you, but not their ins. co.

Sue the driver and the owner of the adverse vehicle, but BEWARE! If you sue, sue for all the damages, not just the difference between what the total repair costs are, and what your insurance company pays you. If your insurance pays some of the amounts owed, but not all, and you are trying to recover the balance in your suit, whatever you recover in your suit may have to be paid to your insurance company. They have a right of subrogation against the responsible parties, meaning, they are entitled to recover the amounts they paid you before you can recover the amounts in excess of what they paid that makes up the balance of the claim. That insurance policy the "good hands" folks at your insurance company sold you only obligates them to pay for the risks that occur: i.e.: if you have "collision" insurance, they pay only the total property damage, less your deductible. They have no obligation to handle your claim against the responsible party, but they do have the right to recover first out of any recovery you make in a lawsuit arising from a "covered" event.