What insurance companies are you dealing with? Or, more importantly, who is your insurance provider? I work for an insurance company and may be able to help you out or point you in the right direction anyway. You are going to have a hard time getting anything going through a small claims court, unless the at-fault insurance company is very, very, very small. Either way, I'd need to know who you are dealing with before I could do anything for you. Another question...are you strictly going through their insurance company or have you filed a claim with yours? If you have not filed a claim with your insurance company, I recommend that you do so, unless it's the same company. If you file a claim on your policy, then your insurance can pay the claim to your satisfaction, hopefully, and then subrogate the claim with the other company.