Often the defendant's insurance comany will help you with this right away. If they don't, contact your own car insurance company and get them to work on it. Yes, you'll pay a deductible, but your insurance company should help you recover that deductible from the person who was at fault. Remember, if the accident wasn’t your fault, your rates should NOT go up, even if your own insurance company is paying to fix your car until it recovers the cost from the other driver’s insurance company. Your insurer is responsible for recovering money damages from the at-fault driver.