Even in "no fault" states (i live in one, ky), most insurance companies will take resposibility for all damages if their insured caused the accident. Thats why the police report is so important, even if there is "no fault", the first vehicle listed is always the one who caused the accident. If they're cited for a moving violation, then its like icing on the cake.
You should never be quick to file a claim with your own insurance company, after all, this is what drives your premiums up. You should, however, always notify them that you've been involoved in an accident as soon as is reasonably possible following the accident (next day is fine) and tell them you're seeking damages from the other driver's insurance. The police report will have their insurance company and policy number, but you may have to do a Google search for contact info. If you have trouble with that route, and usually there is none, then you go back to your insurance company let them take care of it. They can and often will go to bat for you and can work the system more effectively than you can on your own.
As for whether the other insurance company would treat you more fairly, I can't say for sure. I think they're all sheisters, myself, its just knowing how to play their games and make the system work in your favor.
You're only entitled to repairs caused by the accident, anyone who knows anything at all would realize that the key scratches were not related to the accident. IF you asked him to include that, you were wrong to do so. It should be a separate claim.
Finally, your vehicle should be repaired EXACTLY as it was. You didn't install used/repaired accessories, and it was built with oem parts, not substandard parts. ALWAYS ALWAYS ALWAYS insist on brand new, oem parts and replacement of your accessories. You may have to fight for it, but they'll usually do it. Personally I would not be happy with anything less, even the CAPA certified parts (even though they're the next best thing to oem).
Good luck man!
Dave

 

drafalske, and others....

would you find it wise to NOT cash the checks through my own insurance co, and process the damage repair through the other insurance co, or do you feel that 3 weeks is beyond 'resonable' time?

thanks again...

J

 

About to go through the same thing, myself. I was hit a few days ago when a woman in an F150 turned on red and came across another lane and hit me.

I've always had State Farm. I was considering a switch up until about 2 years ago when I had to use the insurance for the first time (comprehensive portion). To hear the sigh of relief that came from the body shop when I told her I had State Farm was amazing. She literally said "thank God! They are the only ones that are easy to work with"

Everything has always been replaced with OEM parts no questions asked.

Yes, I pay slightly more, but you won't find a bigger fan of State Farm than me. I let them handle everything when I need them.

In short, yes, you're being treated unfairly. And I would certainly look into a new insurance company after you're through if they don't make it right quick!

 

Thanks for all the commentary guys....i've learned a few things from this post, as well as others i've talked to in person...

- don't jump so fast to file a claim (it may not raise my premium, but it's still a 'black mark' on my record...)

- don't expect the adjuster to get it right the 1st time, they win both ways:

A: they work less hard, and save their company $$ by 'shorting' the quote for repair, ASSUMING that because the truck is 12 yrs old now, i'll take the money and not get it fixed...;
B: which in turn, they win if they get called back, as they get paid to do the same job 2x....

- MA is a no-fault state...so my chiropractor told me...(wow, is my back messed up... the muscles on the center and lower left side are pulling @ 400-500% of normal! I'm feeling pain and discomfort, but apparently it's worse than i thought!! yikes