Auto Insurance Claims: want to sue other insurance company, 21st centry, small claims court

Question
Ok, this is slightly long but here is goes.
I have a 71 super beetle or had one. I was on the freeway in sac and was going home (freeway that takes you to frisco) and it was rush hour, some lanes stopping and some lanes going so I changed lanes to the right and that lane came to a stop. So I stoped with it. Then a few seconds later I get hit from behind. (ended up with a small chain reaction) of all of the cars mine was the worst. it was like I provided cushoning for the other cars. So down to the insurance question. My insurance 21st centry is saying im not a fault. Some how ive got the policy that is there incase i screw up another car but not to fix mine, just to say I have insurance type of policy) So the other insurance company (nationwide) is saying I am a fault. Just because my vehical looked like I was halfway in the lane then stoped. (my vehical does look like it was mainly hit from the right side) They said they do not look at the police report just because "they where not there watching the accident." Although the police report says the guy who hit me was at fault and was going to fast for the conditions. So they do not want to budge. They are billing my insurance but my insurance is keep there stance. I am attepting to take the to small claims court. But the other insurance has not given me a letter stating why I am at fault. So we are struggeling to get this letter just so we can go to court. They say they sent letters a few times by I have not gotten anything from them in the past month. Plus the person handeling the case dose not answer the phone when I call, I call quite often. Recently I found out that a point was already put on my license with out any alert or notice. by ether party. So heres my question. To me this sounds sketchy, what should I do, plus can I sue for negligence?

Answer
Hi Sergio-

This is the first time I have heard an insurance company fight against a police report finding.  I think if it goes to court you should have a good case.  But make sure you aware of the dollar amount of limits for small claims court and if that will be enough to cover the cost of the car.  
I would recommend you write a letter to the other insurance company and demand that they pay for the cost to replace or repair the vehicle.  Send it certified so you have proof you sent it.  Demand a response via certified mail as well so they can't keep saying they sent something.
Then take it to court.  You can sue for whatever you can document you lost.  The damage, a rental car within reason and any lost wages.  Negligence is not what Nationwide is doing here, they are just making it difficult and fighting for their money.  If you document all the hassle and non-responsiveness in writing though, it will help you win a case when you go to court.  If there is something on your record it was put on there by most likely by your company.  When there is an open claim it shows on your loss history and could effect your future rates.  Ask your company for a "letter of experience" to prove that you were not at fault.  

Let me know how it works out.  Give me a call and I'll get you some good insurance on the new car so this or something worse doesn't happen next time.  

Sheldon Maughan
Sacramento, Ca
916 698-2796