Auto Insurance Claims: Disputed Versions - Auto Accident, southern california area, small claims court

Question
I was involved in an accident at the beginning of February (southern California area); I was traveling straight in the center lane when the driver in the right-hand lane changed lanes, striking the rear passenger side of my car and sending me fishtailing over to the left lane. While there were other cars on the road, no one stopped as witnesses. My insurance has handled the claim, determined I was not at fault, and waived my deductible. When I spoke to my insurance company today, they informed me that the other driver's insurance company was "still investigating" who was at fault because there was a version conflict, the other driver telling their insurance that *I* had changed lanes. While it's a ridiculous statement given the extent of damage to the *side* of my car and the front corner of their bumper, I'm concerned about two things: 1, that the out-of-pocket I've incurred above and beyond policy limits will not be reimbursed by the other insurance company and 2, that my own insurance will come back and rescind their decision to waive my (high) deductible. The out-of-pocket isn't too bad, and while it won't be pleasant, I can absorb that cost, but the deductible is far too much right now for my economic circumstances.  Should I worry about having to go to small claims court or arbitration, or coming up with the deductible amount?

Answer
Brittany,

A sideswipe situation is always a tough call on liability.  Both cars can claim the other moved into their lane and without a witness it's very tough to assign fault.

At this point there's not a lot you can do.  I would continue to ride the process out and just make sure that your insurance company puts the waiver of your deductible in writing.

Best of luck,

Ernest Ferraro