Auto Insurance Claims: Question, state insurance department, small claims court

Question
I have only liability. My daughter was driving and stopped first at a way stop. other driver admitted he was at fault he was talking to his son and did not have his eyes on the road.This is on the police report and he was ticketed. Now he claims he was at the stop sign first. They are saying my daughter was 50% at fault. How could some one state there eyes were off the road and they are not 100% at fault? My auto is totaled

Answer
It appears he has changed his story.  This is unfortunately not unusual.  Your daughter should go to court when his traffic case comes up and testify to make sure he is convicted.  If he is convicted, you will have a much stronger case.  Also, if he admitted fault to the officer, this is a statement against interest and is admissable.  You should call the officer and ask him/her to call the other driver's insurance company if this is the case.  Do you have any independent witnesses?  or any other evidence.  Call the insurer and provide whatever evidence you have.  If they deny the claim, you can file a complaint with the state insurance department, but they have no power if the insurer has a basis for their denial.  Your other option is to file a lawsuit in small claims court, which is very informal and yu do not need a lawyer for.  You would need to sue the other driver, as opposed to his insurer.  The insurer will defend him in court, and they may choose to settle your claim rather than incur legal fees.