Auto Insurance Claims: Whos Liable, liability question

Question
on 4/14/10 in CA, I was stopped in a school zone dropping off my child when an impatient parent came from behind and passed me. Due to oncoming traffic she quickly pulled directly in front of me clipping the front end and bumper of my car (drivers side). There is a double yellow line down the two way street with Xing School clearly marked. She was on her cell phone telling someone she just hit another car when I approached her. At the scene she apologized but later changed her story and claimed I pulled out in front of her. She filed with her insurance and mine. No one came to view the damages. I sent photos to her adjuster and they want to settle 80/20 with 20% her fault. I tried to get a police report but they refused due to no injury. I tried to get a witness at the time but the man said he had no time. What can I do if anything?

Answer
Your best bet is to utilize Small Claims Court.  Unfortunately, with no police report and no witnesses, liability will be determined based on damages and your testimony.  Based on your description of the accident it seems that you are being honest and forthright which should come out in your testimony.  The only other issue I would address if I were you would be the damages on the other vehicle.  It is supportive of your story if her damages are more in the rear of her vehicle vs. the front.  The idea is that if the damages are on the rear of her vehicle, it is likely that her vehicle was in your view, and that your vehicle would have been in her blind spot.  It is more likely that she sideswiped you than it is that you pulled out into a vehicle you could clearly see.

Additionally, it might be prudent to take photos of the exact location of the accident to support the positioning and traffic controls (lane markings & school zone) present at the time of the accident.  Sometimes, just getting notice of a suit will turn things around, and it's not too terribly difficult or expensive to get a suit going in Cali. . . plus they have special staff that will assist people with the Small Claims process.

I hope this helps!