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About the person not going through insurance.
Do you have them on your phone/dash cam (video) admiring it's their fault?
When you go through your insurance (their insurance) the first thing that day the insurance company contacts the at fault party to confirm if the other party admits responsible - the longer that affirmation takes the harder to prove so if they decide to balk.
Really you should throw it over to insurance - most likely your dealing with a person who is questionable in terms of finances and responsibility.
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