Auto Insurance Claims: auto accident private property, small claims court, witness statement

Question
Son had backed out of parking space, was completely out of space and was backed into by another driver. Driver #2 said both were at fault, offered to pay 1/2 and left. Son called sheriff, report was filed. Deputy found son was not at fault. Could not site driver#2 because of it being on private property.  Filed claim with #2 driver. They claimed that witness statement (we provided, 16 year old girl)said both cars were moving at same time,(don't deny that but son was moving first) and are only paying 1/2. My ins. company investigated finding son not at fault, not paying #2 small claim.  They would pay for claim and fight #2 ins.co. but we only carry liability on that car. What is your take on this. Doesn't Sheriff report count? Could this stand up in small claims court? if so do I take driver #2 or his Ins.Co.

Answer
The sherrif's report is not significant because he did not witness the accident.  He can only report what your son told him.

If both cars were moving at the time of the accident, this is significant and normally this would indicate that both drivers were at fault.  However, if your son started moving well before the other driver and had no real opportunity to avoid the impact due to location of the cars, you might have a chance at winning.  But not a very good chance.

If you choose to fight this, your option is to sue the other driver in small claims court.  The other insurer will be required to assign an attorney to defend the other driver.  You do not need a lawyer.  There is some risk they could file a counterclaim against you.  They also may decide to just pay your claim in full to avoid the legal costs.