My 16yo daughter was rear ended by a woman driving her fathers SUV. I only have liability. $4000 damage to car. Mild persistent neck pain three weeks later. Has not been to doctor. Driver was unable to provide any insurance info, other that the "Tom Jones Agency". Immediately, I rented a car, got an estimate on damages, and contacted my insurance agent and the local Tom Jones Agent. He told me the policy holder would have to open the claim. He took my contact info. I took the car home (to minimize storage fees) and the auto body shop told me to bring the car back after her insurance agency contacts me. Three weeks later the accident report is available (has her insurance info) and I immediately contact her insurance company. They refuse to pay for the rental up until the point I called them directly. They also refuse to pay for the liability damage waiver. They say I was not actively attempting to repair the car, and I should have had collision. Are they liable for the rental? Also, is her neck pain worth pursuing for damages?

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