Auto Insurance Claims: Rear End Accident Claim, small claims, auto accident

Question
Dear Webfoot,
Recently as I was waiting for a car to move in front of me for a parking space I
was rear-ended by a Lexus S.U.V.  The women who hit me said she would
take care of the damage and  we decided not to go through insurance. She
had me go to three body shops and after 2 months then decided to go
through her
insurance company.   When I spoke to her claims adjuster I found out that she
now
claims that I was at fault and backed in to her.  I have now gone to a fourth
body shop that her insurance company sent me to.  They said the car is a
total and it is obvious that the accident was her fault!!  I don't want my
insurance company involved but her insurance company is refusing the claim
saying it is my fault and that they will not give us information because we are
not an insurance company.  I have text messages from this woman of our
conversations indicating her desire to fix my car.   Please advise me as to how
to deal with her insurance company to resolve this. Thank you so much. P.S.T.
I
reside in California.

Answer
Take the average of the 4 estimates and sue her personally in small claims court.  Will be interesting to see if her insurance company continues to stand on their position once she is served.  

As you are still not reporting this to your own insurance company, you do need to know that if you lose in court, they will not be able to do anything to help you at that point other than to allow you to file under collision and pay your deductable.

This is the reason that all claims need to be reported to your insurance company.  At this point, they stand little chance of being able to complete a proper investigation of the claim.

Good luck!