In a car accident & we have the same insurance company, shouldn't my deductible be waived?

In CA & I was recently in a car accident. The other driver rear ended me and is totally at fault & admits it. We have the same insurance company & I'm wondering if I should go with my claim or his. I hit the car in front of me, but in the accident they said their car was fine & drove off. I don't remember,... show more In CA & I was recently in a car accident. The other driver rear ended me and is totally at fault & admits it. We have the same insurance company & I'm wondering if I should go with my claim or his. I hit the car in front of me, but in the accident they said their car was fine & drove off. I don't remember, but there is damage to the front of my vehicle as well. The "at fault" adjuster says they will only pay for rear end damage, however my front needs repair as well. If I go thru my claim can they waive the deductible?? I should not have to pay anything I'm not at fault and we have the same insurance company. If I claim "no fault" can my deductible be waived?? Do I need a lawyer??
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