Auto Insurance Claims: Auto accident /insurance, clear liability

Question
We were involved in an accident when a car entered a T intersection. They were on a side street we were on a major road heading east. They were facing north making a left across our lane to go west. We slowed down but her car kept on going so there was light damage on our car but the entire drivers side of the other car was damaged. In a police statement the other driver stated that she was distracted by the other cars on the roadway. A witness stated that she entered the intersection and was hit. The insurance company has found 80 / 20 in our favor but we have a police report and a witness that state she turned into moving traffic. The insurance company will not budge and have stated that we can go through our own insurance company and see if our company can get our 20% in arbitration . The est for repair on our car is between $2950 - $3400. If we use our insurance company we have a $500 deductible What should we do? The other driver has lied and changed the story on the direction in which she was driving and stated we caused the accident. The police report and official witness statement both concur with our side of the story. After I faxed  their insurance company the police %26 witness report they offered 80 / 20. Can we get a full 100% on this accident?

Answer
Sorry for the delay, I'm coaching soccer and was out of pocket for a little bit.  So here's the deal.  You can win, but you will have to sue.  In most states the transportation code dictates that at a T intersection if a collision occurs it is implied that the vehicle approaching the top of the T failed to yield.  It will be clear to a judge and jury, but the insurance company will no doubt refuse to pay 100% until forced to.  It is an unfortunate and unethical tactic when an accident occurs and the liability is clear.  The police report is useless, but the witness statement is golden and if you force the matter, the insurance company will fold.  They are counting on the fact that 80% of people give up because it is too hard to fight.  Small claims court is the trick.  Look us up on the internet and call us directly with more information and we can likely provide you with the proper transportation code citation and the "layman's" instructions to filing a small claims suit in your area.  I'm sorry the news isn't better, but that's how it works.  Information is always free at Petty Details, LLC!

Good luck!