Auto Insurance Claims: proof of collision, small claims court, tow yard

Question
My son was rear ended and pushed into a concrete barrier.  His truck was totaled as well as the car that hit him.  The police report says the driver of the car closed his eyes when the accident was about to happen.  He claims he hit someone besides my son and that vehicle left the scene.  We only carried liability insurance on my son's $4k truck.  The car driver's insurance denied responsibility, so we plan to take it to small claims court.  How technical will the judge be?  The car was black, the truck was white.  There is black paint on the back of the white truck.  It seems unreasonable that the phantom middle vehicle could drive away when the truck and the car were totaled.  Any advise you have would be greatly appreciated.  (the police officer wouldn't let my son take a picture of the car at the scene and the towing company wouldn't let him take one at the tow yard.)

Answer
Hi Jill,

It sounds like you have the situation well in hand. You should try harder to get photos of at least your sons truck. This will help you in court if you can show the color of the paint transfer. Even in small claims court, it will be up to you to prove your case. The more evidence you can present to strengthen your story the better.

I hope this helps
Richard Hixenbaugh