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based on the pictures it looks totaled. The person who rear ended you will be 100% at fault and you will be 100% fault for rear ending the other person unless you stated that the car who rear ended you pushed you into the other car but that doesn't seem to be the case. I will guess the silver car's insurance company will only pay their share of the damage or 1/2 of the total loss.
Good luck and let us know what happens.
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2009 335i xDrive 6MT // Black Sapphire / Cold Weather / M Sport / PDC / Premium Package / Aerodynamic Kit / Anthracite headliner / Keyless Entry / AR Design Catless Downpipe / Style 313 19" Wheels/ OEM Euro Taillights / LUX H8 160
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