Auto Insurance Claims: should I sue??, witness name, insurance officer

Question
I had an accident on private property. I had a lady drive by and said she seen the whole thing. She asked if I wanted her to stay I said "yes". I was backing out of my parking space started to pull forward when I was hit from a lady backing out her spot. First mistake, I made was not getting witness name. I thought police officer would add it to police report. Anyway, Police office got to the seen. Witness went to talk to him and he said she could leave. He came over to us and said that he did not take witness info. because it was on private property. He said it did not matter he could clearly see I had control of the lane. If this would have been on the street she would get a ticket. I came home and called my insurance co. First thing she wanted was witness name. Of course, stupid me did not get her name. I told insurance officer what happened etc. She said she would get back with me once she gets police report. She called about a week after. She told me I needed to call the other insurance co. The lady who hit me did not report it. So I called them. They had an adjuster come out and look at my car. Insurance officer called a day later and said he would pay 50% of my damages. I said why insurance adjuster said we can go take our car to get fixed. He said I make the decision and my decision is to pay 50%. He said our stories or conflicting and she said the witness was there for her. I said well why don't you go by the police report . He said they don't use the police report. The report is hear say, the police officer was not there when it happened. I called the police officer and told him what was going on to see if he could add to the report. He told me the insurance co. is just trying not to pay. I asked if he could add to the police report. He said the police report says she backed into you. They are just trying not to pay. I then called insurance district manager and he pretty much said they would not use police report and only offered 50%. I said you do what you need to and I will do what I need too.
Do I have a small claim case? Can I subpoena police officer to state the witness was there for me? Should I subpoena police officer to state that I had control of the lane, etc. or just use police report? Should I sue insurance co. or person who hit me

Thanks,
Donna

Answer
Hi Donna,

Parking lot accidents are some of the most difficult to determine liability. The insurance companies will us this fact to always try to place the liability as 50/50.

If you go to court you would have to subpeona the police officer. The police report is hear say and can not be admitted in court. The police officer is the only hope you have of winning your case.

I hope this helps
Richard Hixenbaugh