Auto Insurance Claims: Other party avoiding adjuster?, full time job, residential street

Question
I was involved in an auto accident a week ago. The claim, in my opinion, *should* be fairly cut and dry. The circumstances are I was driving westbound in the right hand lane, the other party the same direction in the left hand lane next to me. When approaching an intersection with a small residential street (not a light, stop sign, or other traffic control) the other party took a right hand turn from the left lane mere feet in front of my vehicle. Despite slightly veering to avoid the vehicle and locking down the brakes, the collision was unavoidable. I filed a claim with her insurance and she with mine. She gave a false statement to the police officer who responded to the scene as well as to my insurance in her claim. Now she is not answering calls from my insurance and her insurance company is not returning my calls regarding the status of this claim. The police report is in the hands of both adjusters and it backs up my story, not hers. She was cited in the incident with unsafe right turn from left hand lane.

I realize it has only been 5 business days and I am in Texas, but would it be advisable to file in small claims against her? I am just as busy with finals (student) and a basically full-time job as she is, but I find the time to take care of my responsibilities.

Do I have any options to compel her and/or her insurance to accept fault? I need this taken care of asap as I will be leaving the country in a week for a couple weeks.

Answer
Hi Jeff,
If you have full coverage, my advise is that you have your own company repair your car (less your deductible), they will continue to do all the work to collect from the adverse company and refund your deductible after they recover.
If you don't carry collision, you need to continue pursing your action against her company.  You have at least two years and possibly three in which to bring this matter to conclusion.
Based on your statement as to the contents of the police report, you will be able to eventually recover 100% of your damages from her insurance company.
Although her insurance company should be returning your calls, five days is not an adequate amount of time to expect a settlement.
You should not file small claims court action at this time,
that's far down the line and only if her company denies your claim.
You should send a letter to her insurance adjuster stating the time frame that you will be out of town and that you will call them immediately upon your return.
I hope this has been of help.  Please write again if I can be of more assistance when you return from your trip.
Your feed back by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area 12-07-07 3:20 PM PST