Auto Insurance Claims: American Transit Insurance low ball my claim, small claims court, taxi owner

Question
QUESTION: I was re-ended by a NY taxi insured by American Transit Insurance, the
estimated repair for the rear bumper is $900 but American Transit Insurance
offer me for $300 based on their estimate of $600 damage and 50 my fault. I
took the car to 3 body shops and the average quote is $900. After trying for
4 months, American Transit Insurance refused to raise their original offer.
What are my options? Can I take the taxi owner and the driver to small claims
court?

ANSWER: Absolutely, you can pursue this matter in small claims court. Chances are good that the taxi insurance company will settle prior to the court hearing and just being served notice of the court case may get them to be more realistic. If none of the body shops you got an estimate from are even close to their offer, simply reject their offer in writing by certified mail and inform them you will take legal action against their policyholder.

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QUESTION: Taxi driver and policy holder are two different persons do I take both to small
claims court or only the policy holder? If I take them to court, can they claim
that they are insured and it is their insurance company's problem?

Answer
First of all, I am not a lawyer and cannot give legal advice. However, the at fault party is the driver, who is presumably an insured driver under the policy. The liability carrier has no legal duty to you until a judgment is entered in your favor against their policyholder. Yes, you can sue both the driver and the policyholder, assuming it is the company for which the taxi driver worked at the time of the loss.