Auto Insurance Claims: Re: Auto Accident, state insurance department, independent arbitrator

Question
I was in a gas station in NY on a northbound line waiting for gas. There is only 1 island with two pumps. A southbound car entered the station from the opposite direction and instead of getting on the southbound gas line the driver tried to circle around and cut into my line (northbound) hitting my car on the driver's side rear door leaving a huge dent. Her insurance company is only willing to pay 10% even though she was going in the wrong direction to begin with, She HIT me, she left the scene of the accident, and I'm not sure if the driver is even on the policy as the car is registered to someone else. I waited for the police and have a report to that effect  (there is no damage to her car) I'm trying to go through her company and believe they should pay 100% since it is her fault. Do I have any recourse?  Thank you in advance for your help.

Answer
Without knowing the reason why they only offered you 10%, I'm going to assume they have assigned 90% negligence to you.  The version you provided would place 100% negligence on the other driver, so my guess is that the other driver has provided a different version to them.  In tis scenario, your options would be:
1. use your own collision coverage and ask them to file arbitrstion against the other insurance carrier.  An independent arbitrator will decide who owes what.  If your company wins, you will get your deductible back.
2. file a small claims lawsuit against the other driver.  If you win, the other insurance carrier will have to pay you.
3.  File a complaint with the state insurance department.  But this will only work if the other company did not properly investigate.  If this is a case of disputed liability, you probably will not prevail with them.

Good luck!